DEEL v. JACKSON

No. 86-1693.

862 F.2d 1079 (1988)

Anna R. DEEL; Onnie Dale Adcock, on her own behalf and as mother and next friend of Tamatha Adcock and Patricia Adcock, Plaintiffs-Appellants, v. Larry D. JACKSON, Commissioner of Virginia Department of Social Services; Otis R. Bowen, Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1988.


Attorney(s) appearing for the Case

Margaret Tuttle Schenck (Martin Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Melvin Hill, James Cromwell, Virginia Legal Aid Soc., on brief), for plaintiffs-appellants.

Jacob Matthew Lewis, U.S. Dept. of Justice, Thomas James Czelusta, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., John Alderman, E. Montgomery Tucker, Beverly Dennis, III, Javier Arrastia, Office of the Gen. Counsel, Dept. of Health and Human Services, on brief) for defendants-appellees.

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting in banc.


WILKINSON, Circuit Judge:

This appeal involves a challenge to Virginia's transfer of assets rule, a part of its program of Aid to Families with Dependent Children. The rule denies eligibility to persons who within two years of their application have transferred real or personal property for less than adequate compensation for the purpose of becoming eligible for AFDC benefits. We agree with the federal and state agencies responsible for administration of the program...

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