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LUYANDO v. GRINKER

Nos. 1463-1465, Dockets 93-6001, 93-6003, 93-6007.

8 F.3d 948 (1993)

Carmen LUYANDO, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. William J. GRINKER, Donna E. Shalala, Secretary of Health and Human Services; Cesar A. Perales, Commissioner of the State of New York Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Timothy J. O'Shaughnessy, New York City (O. Peter Sherwood, Corp. Counsel of the City of New York, Fay Leoussis, of counsel), for defendant-appellant Grinker.

Susan D. Baird, Sp. Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., Ping C. Moy, Asst. U.S. Atty., of counsel), for defendant-appellant Shalala.

Robert J. Schack, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for defendant-appellant State Com'r.

Ian F. Feldman, New York City (Marshall Green, Kalman Finkel, Steven Godeski, Legal Aid Soc., for plaintiff-appellee.

Before: MESKILL, Chief Judge, PIERCE and WALKER, Circuit Judges.

WALKER, Circuit Judge:

The plaintiffs challenge a federal regulation that has the effect of limiting so-called "pass-through" payments to plaintiffs from child support payments collected from an absent parent under the Child Support Enforcement Program, Title IV-D of the Social Security Act.

The Secretary of Health and Human Services ("Secretary"), the Commissioner of the City of New York Human Resources Administration, and the Commissioner of the State of...

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