SWEENEY v. MURRAY

Nos. 83-1738, 83-1739.

732 F.2d 1022 (1984)

Donna SWEENEY, et al., Plaintiffs, Appellees, v. Joseph J. MURRAY, Defendant, Appellee. Margaret Heckler, etc., Defendant, Appellant. Donna SWEENEY, et al., Plaintiffs, Appellees, v. Joseph J. MURRAY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 27, 1984.


Attorney(s) appearing for the Case

Jenny A. Sternbach, Atty., Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., and Robert S. Greenspan, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for Margaret Heckler.

William M. Walsh, Sp. Asst. Atty. Gen., Providence, R.I., on brief for state appellants.

Barry Best, Providence, R.I., with whom Cynthia Mann, Brooklyn, N.Y., was on brief, for Donna Sweeney, et al.

Before CAMPBELL, Chief Judge, COFFIN and BREYER, Circuit Judges.


COFFIN, Circuit Judge.

This case requires us to determine whether the treatment of nonrecurring lump-sum income in the Aid to Families with Dependent Children (AFDC) program applies to all AFDC families or only to those AFDC families with earned income in the month of receipt of a lump-sum payment. Appellants, the Secretary of Health and Human Services (HHS) and the Director of the Rhode Island Department of Social and Rehabilitative Services, appeal from the district...

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