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COAKLEY v. SUNN

No. 88-1676.

895 F.2d 604 (1990)

Michelle COAKLEY and Lydia Q. Rillo, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, Margaret Soucy and Sandra Sumailo, Plaintiffs/Intervenors-Appellants, v. Franklin SUNN, individually and in his official capacity as Director of the Department of Social Services and Housing, State of Hawaii, Defendant and Third Party Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1990.

Attorney(s) appearing for the Case

John Ishihara, Legal Aid Soc. of Hawaii, Honolulu, Hawaii, for plaintiffs-appellants.

Steven S. Michaels and Susan M.U. Wong, Deputy Attys. Gen., Honolulu, Hawaii, for defendant and third-party plaintiff-appellee.

Richard K. Waterman, Regional Chief Counsel, Dept. of Health and Human Services, San Francisco, Cal., for third-party defendant-appellee.

Before CHAMBERS, O'SCANNLAIN and TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Recipients of food stamps and aid to families with dependent children ("AFDC") challenge a State of Hawaii interpretation of the federal so-called "lump sum" rule which provides that AFDC recipients whose income temporarily exceeds a certain level become ineligible to receive benefits for a fixed period of time.

I

Rillo, an AFDC recipient, was awarded $18,500 in the settlement...

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