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FAMILIES ACHIEVING INDEPENDENCE v. SOCIAL SERVICES

No. 95-2891.

91 F.3d 1076 (1996)

FAMILIES ACHIEVING INDEPENDENCE AND RESPECT, Sheryl Walker, Vicki Stippel, Appellants, v. NEBRASKA DEPARTMENT OF SOCIAL SERVICES, Mary Dean Harvey, Ann Hogan, Daryl Wusk, Suzy Skinner, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1996.

Rehearing Granted, Judgment and Opinion Vacated September 23, 1996.

Attorney(s) appearing for the Case

Sharon M. Lindgren, argued, Lincoln, NE, for appellants.

DeAnn Stover, argued, Lincoln, NE (Don Stenberg, Atty. Gen., Royce N. Harper and Michael J. Rumbaugh, Lincoln, NE, on the briefs), for appellees.

Before MAGILL, HEANEY and MURPHY, Circuit Judges.

Rehearing En Banc Granted, Judgment and Opinion Vacated September 23, 1996.

HEANEY, Circuit Judge.

A grass-roots, welfare rights organization brought this action under 42 U.S.C. §§ 1983 and 1988 to gain access to the lobby of a state-operated, welfare office for the purpose of distributing written materials to and discussing welfare policy issues with welfare recipients. The district court held that the state's exclusion of the group did not violate...

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