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PEOPLES v. UNITED STATES DEPARTMENT OF AGRICULTURE

No. 22574.

427 F.2d 561 (1970)

Arlett PEOPLES et al., Appellants v. UNITED STATES DEPARTMENT OF AGRICULTURE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1970.

On Rehearing May 26, 1970.

Attorney(s) appearing for the Case

Mr. Ronald F. Pollack, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Lee A. Albert, New York City, Edgar S. Cahn, and Mrs. Jean Camper Cahn, Washington, D. C., were on the brief, for appellants. Mr. John R. Kramer, Washington, D. C., also entered an appearance for appellants.

Mr. Howard B. Pickard, Atty., Dept. of Agriculture, of the bar of the Supreme Court of Oklahoma, pro hac vice, by special leave of Court, with whom Messrs. Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellees. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellees.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This is an action brought by a number of poor people in the State of Alabama against the Secretary of Agriculture. Their complaint raises various statutory and constitutional objections to the way in which the defendants are administering the Food Stamp Act of 1964,1 and the Commodities Distribution Program which is predicated primarily on Section 32 of the Act of August 24, 1935,2

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