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WE WHO CARE, INC. v. SULLIVAN

Civ. No. 89-0172 P.

756 F.Supp. 42 (1991)

WE WHO CARE, INC., Paula Horton, and Kim Borrello-Manzo, Plaintiffs, v. Louis W. SULLIVAN, M.D., in his capacity as Secretary of the United States Department of Health and Human Services, and Commissioner, Maine Department of Human Services, Defendants.

United States District Court, D. Maine.

January 25, 1991.

Attorney(s) appearing for the Case

Jack Comart, Pine Tree Legal Assistance, Inc., Augusta, Me., for plaintiffs.

David Collins, Asst. U.S. Atty., Portland, Me., Joyce E. McCourt, U.S. Dept. of Health and Human Services, Boston, Mass., for Louis Sullivan.

Mariana E. Thibeau, Asst. Atty. Gen., Augusta, Me., for Com'r.

MEMORANDUM OF DECISION AND ORDER GRANTING PLAINTIFFS' MOTION FOR JUDGMENT ON A STIPULATED RECORD

GENE CARTER, Chief Judge.

Plaintiffs in this class action challenge a Department of Health and Human Services (HHS) regulation, codified at 45 C.F.R. § 233.20(a)(3)(i)(B)(2), promulgated pursuant to the Aid To Families with Dependent Children program (AFDC or Act). The regulation fixes a ceiling of $1,500 on the amount of equity in an automobile, owned by...

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