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JENKINS v. PALMER

No. 94-3771.

62 F.3d 1083 (1995)

Deena JENKINS, Individually and on behalf of others similarly situated, Plaintiff-Appellee, v. Charles M. PALMER, Director, Iowa Department of Human Services, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1995.

Attorney(s) appearing for the Case

Barbara E.B. Galloway, argued, Des Moines, IA (Bonnie J. Campbell, Atty. Gen. of IA, and Gordon E. Allen, Deputy Atty. Gen. of IA, on brief), for appellant.

Linnea M. Nelson, argued, Sioux City, IA (Martin Ozga, Des Moines, IA, on brief), for appellee.

Before LOKEN, Circuit Judge, FRIEDMAN Senior Circuit Judge, and HENLEY, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This case involves the validity of an Iowa requirement that in order to receive payments under the Federal Aid to Families with Dependent Children — Unemployed Parent program, the biological father of the child with which he is living must first establish his paternity in a judicial proceeding. We hold that, as applied in this case, the Iowa requirement was invalid.

I.

A. The AFDC program was established under...

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