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DIMERY v. DEPARTMENT OF SOCIAL SERV. OF STATE OF IOWA

Civ. No. 8-2386-C-1.

344 F.Supp. 1181 (1972)

Porter DIMERY, individually, and as next friend of Ronnell Dimery, a minor, et al., Plaintiffs, v. DEPARTMENT OF SOCIAL SERVICES OF the STATE OF IOWA et al., Defendants.

United States District Court, S. D. Iowa, C. D.

June 13, 1972.

Attorney(s) appearing for the Case

Robert C. Oberbillig and Kent Willis, Des Moines, Iowa, for plaintiffs.

Lorna Williams, Asst. Atty. Gen., State of Iowa, for defendants.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON, Circuit Judge, and HANSON, District Chief Judge.

MEMORANDUM ORDER

STEPHENSON, Circuit Judge.

This case was last before us in October 1969. At that time we entered an order holding invalid and unconstitutional on its face § 249A.4 of Iowa's assistance program for the medically needy. I.C.A. § 249A et seq. We concluded that the lack of standards defining the limits of the power vested by that statute in the Department of Social Services left the Department...

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