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WILKES v. GOMEZ

No. 93-3596.

32 F.3d 1324 (1994)

Bertha Mae WILKES; Tom W. Wilkes, as next friends of their minor grandchildren; Geraldine Yellow, on behalf of herself and as next friend of her minor child and minor grandchild, Appellees, v. Maria R. GOMEZ, in her official capacity as Commissioner of the Minnesota Department of Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1994.

Attorney(s) appearing for the Case

Laurasue Schlatter, St. Paul, MN, argued (Hubert H. Humphrey, III, on the brief), for appellant.

Laurie N. Davison, Minneapolis, MN, argued (Monica Burczek and Tonja Orr, on the brief), for appellees.

Before FAGG and BEAM, Circuit Judges, and BOGUE, Senior District Judge.

BEAM, Circuit Judge.

Maria R. Gomez, Commissioner of the Minnesota Department of Human Services (the "Commissioner"), appeals the district court's order granting summary judgment to the Aid to Families with Dependant Children recipients (the "AFDC Recipients"), and denying the Commissioner's cross-motion for summary judgment. The district court held that Minnesota Rule 9500.2440, subpart 3, which consolidates nonsibling AFDC...

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