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SHAW v. GOVERNING BOARD OF MODESTO CITY SCHOOL DISTRICT

Civ. No. S-1336.

310 F.Supp. 1282 (1970)

Billie SHAW et al., Plaintiffs, v. GOVERNING BOARD OF the MODESTO CITY SCHOOL DISTRICT and Modesto High School District; Clifford M. Hardin, Secretary of the United States Department of Agriculture, Roy W. Lennartson, Administrator, Consumer Food and Marketing Service, United States Department of Agriculture, Charles M. Ernst, Director, Western District, United States Department of Agriculture, George Randall, Director, Food Program Services, Western District, United States Department of Agriculture, Defendants.

United States District Court, E. D. California.

March 6, 1970.

Attorney(s) appearing for the Case

Kelley, Livingston, Zavala, Neumark, Lowenstein & Mattison, Modesto, Cal., for plaintiffs.

A. J. Shaw, Deputy County Counsel, Modesto, Cal., John P. Hyland, U. S. Atty., E. D. of Cal., Sacramento, Cal., Thomas C. Lynch, Atty. Gen., of Cal., Sacramento, Cal., for defendants.

MEMORANDUM OPINION

MacBRIDE, Chief Judge.

This case is concerned with interpretation of one sentence in Section 9 of the National School Lunch Act:

Such meals shall be served without cost or at a reduced cost to children who are determined by local school authorities to be unable to pay the full cost of the lunch. 42 U.S.C.A. § 1758 (1969)

The plaintiffs in this class action are families with children attending Modesto City Schools...

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