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COMPTON v. TENNESSEE DEPT. OF PUBLIC WELFARE

No. 75-1314.

532 F.2d 561 (1976)

Louise COMPTON, Plaintiff-Appellant, v. The TENNESSEE DEPARTMENT OF PUBLIC WELFARE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 24, 1976.

Attorney(s) appearing for the Case

Jerrold L. Becker, Legal Clinic, David M. Kirstein, Knoxville, Tenn., for plaintiff-appellant.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., Charles N. Stedman, Knoxville, Tenn., R. A. Ashley, Jr., Atty. Gen. of Tennessee, Bart C. Durham III, Nashville, Tenn., for defendants-appellees.

Catherine M. Bishop, Alvin Hirshen, National Housing and Economic Development Law Project, Robert M. Teets, Jr., Food Advocates, Berkeley, Cal., John G. LeVeck, Legal Aid Society of San Joaquin County, Stockton, Cal., David B. Bryson, Cooperative Legal Services Center California Rural Legal Assistance, San Francisco, Cal., for amicus curiae.

Before WEICK, MILLER and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

This is an appeal by Louise Compton from a summary judgment entered in the District Court denying declaratory and injunctive relief against the Tennessee Department of Public Welfare and the Secretary of Agriculture. Plaintiff's complaint challenges the validity of a policy of the Department of Agriculture which includes rent subsidy payments in the calculation of income under the Food Stamp Act of 1964 as amended, 7 U.S.C. § 2011 et...

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