Legal Opinion

Nolan v. de Baca

Court of Appeals for the Tenth Circuit

Decided August 13, 1979No. 78-1061PublishedCited by 24 opinions

1Per curiam

This appeal raises the issue of preemption of a state regulation for the Aid to Families with Dependent Children (AFDC) program by a federal statute and regulation. The plaintiff brought suit to enjoin New Mexico’s Health and Social Services Department from enforcing the provisions of a Department regulation which sought to apply some of New Mexico’s community property law concepts to the AFDC program. The trial court found the state community property regulation conflicted with 42 U.S.C. § 602(a), and the implementing regulation, 45 C.F.R. § 233.90(a), and granted summary judgment to the…

2Cases cited12 opinions

  1. King v. SmithSupreme Court of the United States · 1968
  2. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  3. Lewis v. MartinSupreme Court of the United States · 1970
  4. Mike Bruce v. Martin-Marietta Corporation and Ozark Airlines, Inc.Court of Appeals for the Tenth Circuit · 1976
  5. Eli M. Spark v. The Catholic University of AmericaCourt of Appeals for the D.C. Circuit · 1975

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

3Cited by24 opinions

  1. National Excess Insurance v. BinghamNew Mexico Court of Appeals · 1987
  2. Sanchez v. Church of ScientologyNew Mexico Supreme Court · 1993
  3. Hernandez v. United StatesUnited States Court of Federal Claims · 2010
  4. Waltner v. United StatesUnited States Court of Federal Claims · 2011
  5. McCoog ex rel. Ferguson v. HegstromCourt of Appeals for the Ninth Circuit · 1982

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

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