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EVANS v. COM'R, MAINE DEPT. OF HUMAN SERVICES

Nos. 90-1834, 90-2019.

933 F.2d 1 (1991)

Stacy EVANS, et al., Plaintiffs, Appellees, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant, Appellant. Stacy EVANS, etc., et al., Plaintiffs, Appellees, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant, Appellee, Louis W. Sullivan, Secretary of U.S. Department of Health and Human Services, Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 6, 1991.

Attorney(s) appearing for the Case

Joyce Elise McCourt, Asst. Regional Counsel, with whom Richard S. Cohen, U.S. Atty., and David R. Collins, Asst. U.S. Atty., were on brief for Dr. Louis W. Sullivan, Secretary of U.S. Dept. of Health and Human Services.

Thomas D. Warren, Deputy Atty. Gen., with whom James E. Tierney, Atty. Gen., was on brief for H. Rollin Ives, Com'r of the Maine Dept. of Human Services.

Linda Christ, with whom Patrick Ende, Jack Comart, and Pine Tree Legal Assistance, Inc. were on brief for Stacy Evans.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

This appeal presents a narrow question of statutory interpretation affecting the eligibility for federal welfare payments of a small class of persons. The statute in question imposes a limitation upon the use of the "earned income disregard" (EID), see 42 U.S.C. § 602(a)(8)(A)(iv), a provision of welfare law that tells a state not to count a certain amount of earned income (for present purposes $30 plus one-third of the remainder of...

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