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COM. OF PA., DEPT. OF PUBLIC WELFARE v. MARKIEWICZ

Nos. 90-3327, 90-3373.

930 F.2d 262 (1991)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE and Kathryn Horanic v. Mark J. MARKIEWICZ, Commonwealth of Pennsylvania, Department of Public Welfare, Appellant/Cross Appellee No. 90-3327, Mark J. Markiewicz, Appellee/Cross Appellant No. 90-3373.

United States Court of Appeals, Third Circuit.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Jason W. Manne (argued), Asst. Counsel, Office of Legal Counsel Dept. of Public Welfare, Pittsburgh, Pa., for appellant/cross appellee.

Zanita A. Zacks-Gabriel (argued), Erie, Pa., for appellee/cross appellant.

Before STAPLETON, HUTCHINSON, and ROSENN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This case presents a question of first impression. Section 654(4)(B) of Title 42 of the United States Code provides limited access to the federal courts for state agencies seeking to obtain or enforce child support orders in the discharge of their obligations under the Aid to Families with Dependent Children Program ("AFDC"). "[W]hen [reciprocal] arrangements and other means have proven ineffective, the State...

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