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TURNER v. LEDBETTER

No. 89-8907.

906 F.2d 606 (1990)

Marta O. TURNER, Irene Edwards, Margie Ray, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, Shirley Evans, Intervenor-Plaintiff, v. James G. LEDBETTER, in his official capacity as Commissioner of the Georgia Department of Human Resources, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 19, 1990.

Attorney(s) appearing for the Case

Mary Foil Russell, William F. Amideo, Office of State Atty. Gen., Atlanta, Ga., for defendant-appellant.

Vicky O. Kimbrell, Atlanta, Ga., Nancy R. Lindbloom, Georgia Legal Services, Athens, Ga., for plaintiffs-appellees.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In affirming the district court, we hold that the state of Georgia may not recoup funds paid to families pursuant to the Aid to Families with Dependent Children ("AFDC") program because the payments did not constitute "overpayments," and did not violate the eleventh amendment to the United States Constitution, or applicable statutes and regulations.

FACTS

The AFDC program provides cash support to children who have been deprived...

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