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GORRIE v. HECKLER

Civ. No. 4-84-1203.

606 F.Supp. 368 (1985)

Barbara Ann GORRIE, Karen Comnick, Linda Schneider, Robert Schneider, On Behalf of Themselves and Their Minor Children, Plaintiffs, v. Margaret M. HECKLER, Secretary, United States Department of Health and Human Services, and Leonard W. Levine, Commissioner, Minnesota Department of Human Services, Defendants.

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

April 1, 1985.

Attorney(s) appearing for the Case

Southern Minnesota Regional Legal Services by Martha A. Eaves, Thomas G. Squire, and Michael Hagedorn, St. Paul, Mn., for plaintiffs.

James M. Rosenbaum, U.S. Atty. by Carol B. Swanson, Asst. U.S. Atty., Minneapolis, Mn., for defendant Margaret M. Heckler, Secretary of the U.S. Dept. of Health and Human Services.

Hubert H. Humphrey III, Minnesota State Atty. Gen. by Vicki Sleeper, Sp. Asst. Atty. Gen., St. Paul, Mn., for defendant Leonard Levine, Commissioner of the Minn. Dept. of Human Services.

ORDER

MILES W. LORD, Chief Judge.

At issue in this case is the validity of the Secretary of Health and Human Service's (hereinafter "Secretary") rule, 45 C.F.R. § 206.10(a)(1)(vii) (hereinafter "New Rule"), interpreting 42 U.S.C. § 602(a)(38) (1984) (hereinafter "Paragraph 38").

Plaintiffs consist of families receiving or applying for Aid to Families with Dependent Children (hereinafter "AFDC") who have residing with them both dependent...

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