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STOWELL v. IVES

No. 92-1342.

976 F.2d 65 (1992)

Christine STOWELL, etc., et al., Plaintiffs, Appellants, v. H. Rollin IVES, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 28, 1992.

Attorney(s) appearing for the Case

James R. Crotteau, with whom Pine Tree Legal Assistance, Inc., Machias, Me., was on brief, for appellants.

J. Paterson Rae, Springfield, Mass., and Hugh Calkins, Portland, Me., on joint brief, for Robert Avanzato, Michelle Turcotte, Maine Civil Liberties Union, and Maine Chapter of the Nat. Organization for Women, amici curiae (in support of the appeal).

Christopher C. Leighton, Deputy Atty. Gen., State of Me., with whom Michael E. Carpenter, Atty. Gen., and Thomas D. Warren, Deputy Atty. Gen., Augusta, Me., were on brief, for appellee.

Richard A. Olderman, Atty., Appellate Staff, Civil Div., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Barbara C. Biddle, Atty., Appellate Staff, Washington, D.C., and Richard S. Cohen, U.S. Atty., Augusta, Me., were on brief, for U.S., amicus curiae (in support of the judgment below).

Before SELYA, CYR and STAHL, Circuit Judges.

SELYA, Circuit Judge.

Once the wheat is shaken from the chaff, this apparently complex appeal can be resolved by deciding a threshold question (albeit one that has not previously been confronted by the courts of appeals). Consequently, we affirm the district court's entry of judgment for the defendant on the basis that a recipient of benefits under the Aid to Families with Dependent Children program (AFDC), 42 U.S.C. §§ 601-615 (1988 & Supp. I 1989)...

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