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TUCKER v. HARDIN

No. 7556.

430 F.2d 737 (1970)

Doris M. TUCKER et al., Plaintiffs, Appellants, v. Clifford M. HARDIN, Secretary, U. S. Department of Agriculture, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 14, 1970.

Attorney(s) appearing for the Case

David F. Cavers, Jr., Boston, Mass., with whom Acheson H. Callaghan, Jr., and Palmer & Dodge, Boston, Mass., were on the brief, for appellants.

James C. Hair, Jr., Atty., Dept. of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., Herbert F. Travers, Jr., U. S. Atty., and Alan S. Rosenthal, Atty., Dept of Justice were on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This appeal presents the question whether the Secretary of Agriculture may — consistent with Congressional intent or the concepts of equal protection embodied in the Due Process Clause of the Fifth Amendment — require communities to pay local distribution costs as a prerequisite to the receipt of surplus agricultural commodities under the Commodity Distribution Program, when the effect...

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