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SWEENEY v. AFFLECK

Civ. A. No. 83-004B.

560 F.Supp. 1118 (1983)

Donna SWEENEY, Frances Marquis and Joseph Covill, Individually and on behalf of all others similarly situated, Plaintiffs, v. John J. AFFLECK, Individually and in his Capacity as Director of the Rhode Island Department of Social and Rehabilitative Services, and Richard Schweiker, as Secretary of the Department of Health and Human Services, Defendants.

United States District Court, D. Rhode Island.

February 4, 1983.

Attorney(s) appearing for the Case

Barry Best, Cynthia Mann, Rhode Island Legal Services, Inc., Providence, R.I., for plaintiffs.

Everett Sammartino, Asst. U.S. Atty., Providence, R.I., Nancy S. Nemon, Deputy Regional Atty., Dept. of Health and Human Services, Boston, Mass., William Walsh, Sp. Asst. Atty. Gen., Providence, R.I., and Robert Fallon, Cranston, R.I., for defendants.

OPINION AND ORDER

FRANCIS J. BOYLE, Chief Judge.

Plaintiffs bring this motion for preliminary injunction challenging the application of the so-called "lump sum" rule contained in the 1981 amendments to the Aid to Families with Dependent Children (hereafter "AFDC") program. This "lump sum" rule was contained in Section 2304 of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, which added a new Section 402(a)(17) to the Social Security Act,...

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