Legal Opinion

Gloria Wilcox v. H. Rollin Ives, Appeal of Secretary of Health and Human Services

Court of Appeals for the First Circuit

Decided December 20, 1988No. 88-1371PublishedCited by 42 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

The Secretary of the United States Department of Health and Human Services (HHS) appeals an order of the district court which held that HHS regulation 45 C.F.R. § 302.51 was invalid because it impermissi-bly contradicted 42 U.S.C. § 657(b)(1) by prohibiting the Maine Department of Human Services (DHS) from making multiple pass-through payments to recipients of Aid To Families With Dependent Children (AFDC) when the state DHS receives two or more child support payments in a given month. We affirm.

I. BACKGROUND

As a condition for receiving AFDC benefits, the recipient must…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Perrin v. United StatesSupreme Court of the United States · 1979

23 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
  2. Albiston v. Maine Commissioner of Human ServicesCourt of Appeals for the First Circuit · 1993
  3. Zhang v. SlatteryCourt of Appeals for the Second Circuit · 1995
  4. 42 soc.sec.rep.ser. 176, Medicare&medicaid Gu 41,784 Christine Stowell v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1993
  5. Bath Marine Draftsmen's Ass'n v. National Labor Relations BoardCourt of Appeals for the First Circuit · 2007

37 more not listed; retrieve them via the Exa API.

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