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NAUSS v. DEPT. OF PUBLIC WELFARE

No. 1931 C.D. 1977.

41 Pa.Commw. 130 (1979)

Cherylene Nauss, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

March 9, 1979.

Attorney(s) appearing for the Case

Stephen R. Krone, for petitioner.

Edward P. Carey, Assistant Attorney General, for respondent.

Argued February 5, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 9, 1979:

To decide the very narrow issue presented by this appeal it is not necessary to recite the rather bizarre and complicated facts which gave rise to the problem. Petitioner has requested a retroactive one-time grant of unborn child benefits. The eligibility conditions for unborn children, found at Section 145.43(b) of the Department's Public Assistance Manual (Manual)1, 55 Pa. Code § 145...

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