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STROOP v. BOWEN

Nos. 88-2530, 88-2538.

870 F.2d 969 (1989)

Elizabeth STROOP; Melissa Lam, by her next friend Elizabeth Stroop; Bret Lam, by his next friend Elizabeth Stroop; Jamie Stroop, by her next friend Elizabeth Stroop; Geneva Powers; Crystal McClanahan, by her next friend Geneva Powers; Dorothy Brown; Robert Lee Turner, by his next friend Dorothy Brown, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, and Karen B. Carter; Ragene Carter, by her next friend Karen B. Carter; Paula Jones; Cory P. Jones, by his next friend Paula Jones; David L. Jones, Plaintiffs, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellant, and Larry D. Jackson, Commissioner of the Virginia Department of Social Services, Defendant, Center for Law and Social Policy, Amicus Curiae. Elizabeth STROOP; Melissa Lam, by her next friend Elizabeth Stroop; Bret Lam, by his next friend Elizabeth Stroop; Jamie Stroop, by her next friend Elizabeth Stroop; Geneva Powers; Crystal McClanahan, by her next friend Geneva Powers; Dorothy Brown; Robert Lee Turner, by his next friend Dorothy Brown, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and Karen B. Carter; Ragene Carter, by her next friend Karen B. Carter; Paula Jones; Cory P. Jones, by his next friend Paula Jones; David L. Jones, Plaintiffs, v. Larry D. JACKSON, Commissioner of the Virginia Department of Social Services; Otis R. Bowen, Secretary, Department of Health and Human Services, Defendants-Appellees, Center for Law and Social Policy, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1989.

Rehearing and Rehearing Denied May 31, 1989.

Attorney(s) appearing for the Case

Robert David Kamenshine (John R. Bolton, Asst. Atty. Gen., Robert S. Greenspan, Civil Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief), for appellant/cross-appellee.

Jamie Britton Aliperti (Rappahannock Legal Services, Jill A. Hanken, Cherry C. Harman, Virginia Poverty Law Center, Richmond, Va., Claire E. Curry, Charlottesville Legal Aid Society, Charlottesville, Va., Holly S. Peters, Legal Aid Society of Roanoke, Roanoke, Va., Cheryl D. Footman, Norfolk, Thelma Y. Carroll, Tidewater Legal Aid Society, Virginia Beach, Va., on brief), for appellees/cross-appellants.

(Josephine Foehrenbach, Center for Law and Social Policy, on brief), for amicus curiae.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied May 31, 1989.

BUTZNER, Senior Circuit Judge:

In this class action, custodial parents receiving aid to families with dependent children (AFDC) appeal from the district court's grant of summary judgment to defendants, the Secretary of the Department of Health and Human Services and the Commissioner of the Virginia Department of Social Services (collectively, the Secretary). The district court upheld the Secretary's interpretation...

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