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VIERRA v. RUBIN

No. 89-15459.

915 F.2d 1372 (1990)

Regina VIERRA, Plaintiff-Appellant, v. Winona E. RUBIN, Esq., Director, Department of Human Services, State of Hawaii, Defendant-Third-Party-Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Third-Party-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1990.

Attorney(s) appearing for the Case

Charles H. Hite, Legal Aid Soc. of Hawaii, Honolulu, Hawaii, for plaintiff-appellant.

Thomas D. Farrell, Deputy Atty. Gen., State of Hawaii, Honolulu, Hawaii, for defendant-third-party-plaintiff-appellee, Winona Rubin, Director of the Dept. of Human Services, State of Hawaii.

Charles P. Gillet, Asst. Regional Counsel, San Francisco, Cal., for third-party-defendant-appellee, Louis W. Sullivan, Secretary of Health and Human Services.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

PREGERSON, Circuit Judge:

Regina Vierra received benefits under the Aid to Families with Dependent Children (AFDC) program. Because of circumstances beyond her control, she filed a required form one business day late. The State of Hawaii, which administers this co-operative federal-state program through its Department of Social Services, disqualified Vierra from one month's benefits because of the one day delay. The district court granted summary judgment upholding...

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