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MOSLEY v. HAIRSTON

Nos. 89-3473, 89-3475.

920 F.2d 409 (1990)

Phyllis MOSLEY, Plaintiff-Appellee, v. Roland HAIRSTON, Director, Ohio Department of Human Services, Defendant-Appellant, Donald Thomas, Director, Hamilton County Department of Human Services, et al., Defendants, Louis W. Sullivan, M.D., Secretary, United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1990.

Rehearing Denied January 9, 1991.

Attorney(s) appearing for the Case

Ross C. Owens, III, Stephen H. Olden (argued), Legal Aid Society of Cincinnati, Cincinnati, Ohio, for Phyllis Mosley, on behalf of herself & all others similarly situated, plaintiff-appellee.

Alan Schwepe, Karen L. Lazorishak (argued), Office of the Atty. Gen. of Ohio, Columbus, Ohio, for Patricia Barry, Director, Ohio Dept. of Human Services, defendant.

Thomas E. Deye, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Donald Thomas, Director, Hamilton County Dept. of Human Services, defendant.

Ted Yasuda, Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Elizabeth Baringhaus Mattingly, Office of the U.S. Atty., Cincinnati, Ohio, Katherine S. Gruenheck (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for Louis W. Sullivan, M.D., Secretary, U.S. Dept. of Health and Human Services, defendant-appellant.

Before KEITH and GUY, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

These consolidated appeals present two issues related to the liability of federal and state officials for the payment of "pass-through" or "disregard" payments under the Aid to Families with Dependant Children (AFDC) program.

I.

The AFDC program is a joint federal-state undertaking. It is contained in Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq. Title IV-D of the Act, 42 U.S.C. § 651 et seq...

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