SIMPSON v. HEGSTROM

No. 87-3507.

873 F.2d 1294 (1989)

Dawn SIMPSON, Verla Van Velkinburgh, Sharon Collman, Jane Doe, Teri Trosper, Sandra Foley, Oregon Human Rights Coalition, on behalf of all themselves and on behalf of all others similarly situated, Plaintiff-Appellee, v. Leo HEGSTROM, individually and in his official capacity as Director, Department of Human Resources of the State of Oregon, Keith Putman, individually and in his official capacity as Administrator, Adult and Family Services Division of the State of Oregon, Defendant, and Otis R. Bowen, individually and in his capacity as Secretary, United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1989.


Attorney(s) appearing for the Case

Mark W. Pennak, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Timothy P. Baxter, Lane County Legal Aid Service Inc., Eugene, Or., for plaintiff-appellee.

Before SCHROEDER, PREGERSON and LEAVY, Circuit Judges.


PREGERSON, Circuit Judge:

Defendants-appellants Hegstrom and Bowen ("the Secretary") appeal the district court's ruling that the Secretary's interpretation of a regulation implementing the Aid to Families of Dependent Children program (AFDC), Title IV of the Social Security Act of 1935 ("the Act"), was "unreasonable" and therefore invalid. At issue is the effect of one provision of the Act, which imposes sanctions on AFDC...

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