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BROWN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 93-2369.

46 F.3d 102 (1995)

Ellen BROWN, et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Christine N. Kohl, Attorney, Appellate Staff, Civ. Div., U.S. Dept. of Justice, with whom Frank W. Hunger, Asst. Atty. Gen., Paul M. Gagnon, U.S. Atty., and Barbara C. Biddle, Attorney, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, DC, were on brief, for appellant.

Victoria Pulos with whom Deborah Schachter and New Hampshire Legal Assistance, Manchester, NH, were on brief, for appellees.

Before BREYER, Chief Judge, CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This is a class action challenging as arbitrary and capricious an Aid to Families With Dependent Children ("AFDC") regulation promulgated by the Secretary of Health and Human Services ("HHS") in 1982. The regulation, called the "automobile resource exemption," limits to $1,500 the equity value of the automobile a family may own before the automobile's equity value affects the family's qualification to receive AFDC benefits...

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