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VANSCOTER v. BOWEN

No. C86-1568WD.

706 F.Supp. 1432 (1988)

Pearl Jane VANSCOTER, Lori Arndt, Doris Munroe and Barbara Wilson, individually and on behalf of all others similarly situated, Plaintiffs, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services, and Jule Sugarman, Secretary, State of Washington Department of Social and Health Services, Defendants.

United States District Court, W.D. Washington.

On Order to Vacate or Amend February 8, 1989.

Attorney(s) appearing for the Case

Thomas E. Ashton III, Evergreen Legal Services, Bellingham, Wash., Deborah Perluss, Evergreen Legal Services, Seattle, Wash., and Joyce Brekke, Evergreen Legal Services, Vancouver, Wash., for plaintiffs.

Dan Radin, Christine L. Currie, Asst. Attys. Gen., Office of the Atty. Gen., Seattle, Wash., for defendant Sugarman.

Robert E. Keith, Asst. U.S. Atty., Office of Gen. Counsel, Washington, D.C., for defendant Bowen.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DWYER, District Judge.

Plaintiffs in this class action have moved for summary judgment declaring (1) that 42 U.S.C. § 657(b)(1) requires the state to "pass through" $50 to the plaintiffs and class members for each month of child support collected by the state while they receive income maintenance payments, and that 45 C.F.R. §§ 302.51(a) and (b) violate...

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