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MINNESOTA RECIPIENTS ALLIANCE v. NOOT

Civ. No. 4-81-658.

527 F.Supp. 140 (1981)

MINNESOTA RECIPIENTS ALLIANCE, et al., Plaintiffs, v. Arthur E. NOOT, et al., Defendants and Third Party Plaintiffs, v. Richard D. SCHWEIKER, et al., Third Party Defendants.

United States District Court, D. Minnesota, Fourth Division.

October 29, 1981.

Attorney(s) appearing for the Case

Legal Aid Society of Minneapolis by Michael R. Fargione, Minneapolis, Minn., for plaintiffs.

Warren Spannaus, Atty. Gen., State of Minn., by Beverly Jones Heydinger, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendants and third party plaintiffs.

Linda L. Cromwell, Atty., Dept. of Justice, Civ. Div., Washington, D. C., for third party defendants.

MEMORANDUM OPINION AND ORDER FOR PRELIMINARY INJUNCTION

MILES W. LORD, Chief Judge.

The plaintiffs brought this action to enjoin the defendant Noot from implementing two provisions of the Omnibus Budget Reconciliation Act, P.L. 97-35 (hereinafter P.L. 97-35) relating to AFDC benefits. The plaintiffs claim that these two provisions conflict with state law and, therefore, by the terms of P.L. 97-35 § 2321 the federal provisions do not become effective...

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