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HINRICHS v. WHITBURN

Nos. 91-3217, 91-3301.

975 F.2d 1329 (1992)

Lynn HINRICHS, Plaintiff-Appellant and Cross-Appellee, v. Gerald WHITBURN, Secretary, Wisconsin Department of Health and Social Services, Defendant and Third-Party Plaintiff-Appellee and Cross-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of the U.S. Department of Health and Human Services; Marion Steffy, Regional Administrator of the U.S. Department of Health and Human Services, Family Support Administration, Chicago, Illinois, Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1992.

Attorney(s) appearing for the Case

David Gault (argued), Michele Hughes, Dodgeville, Wis., for plaintiff-appellee.

F. Thomas Creeron (argued), James E. Doyle, Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., for defendant-appellant.

Barbara F. Altman (argued), Lauren S. Ruby, Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, Ill., Richard D. Humphrey, Asst. U.S. Atty., Madison, Wis., for defendants-appellees.

Before CUMMINGS and COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

CUMMINGS, Circuit Judge.

Plaintiff Lynn Hinrichs, who receives benefits pursuant to the Aid to Families with Dependent Children program ("AFDC"), teaches four of her six children at her home in Rock Springs, Wisconsin. She meets the requirements of Wis.Stat. § 118.165 and has been approved to home-teach by the Wisconsin Department of Public Instruction. Hinrichs is a traditionalist Roman Catholic and believes that it is her religious duty to teach her children...

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