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NELSON v. CASS COUNTY SOCIAL SERVICES

Civ. No. 870323.

424 N.W.2d 371 (1988)

Rick NELSON and Debra Nelson, Appellants, v. CASS COUNTY SOCIAL SERVICES, Cass County Social Service Board, and North Dakota Department of Human Services, Appellees.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

Mary Deutsch Schneider, Legal Assistance of North Dakota, Fargo, for appellants; argued by Mary Deutsch Schneider.

Human Services Dept., Bismarck, for appellees; argued by Sidney J. Hertz Fiergola.

ERICKSTAD, Chief Justice.

In this appeal we are asked to determine whether or not the North Dakota Department of Human Services (Department) lawfully terminated Debra Nelson's cash subsistence payments under the Aid to Families with Dependent Children (AFDC) program. We decline to make the determination without the benefit of meaningful evidence regarding the United States Department of Health and Human Services interpretation of Title 45, section 233.90(c)(1)(iv...

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