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JAY v. UNITED STATES DEPARTMENT OF AGRICULTURE

No. 29303.

441 F.2d 574 (1971)

Annie Bell JAY et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 19, 1971.

Attorney(s) appearing for the Case

Eldon B. Mahon, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., Crawford C. Martin, Atty. Gen., Pat Bailey, William D. Ruckelshaus, Asst. Attys. Gen. of Texas, Austin, Tex., Daniel M. Joseph, Robert N. Ford, John Harris, Alan S. Rosenthal, Attys., U. S. Dept. of Justice, Washington, D. C., for defendants-appellants.

Ed J. Polk, Dallas Legal Services Foundation, Dallas, Tex., Ronald F. Pollack, Center on Social Welfare Policy at Law, New York City, for plaintiffs-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

This action was brought by plaintiffs, for themselves and on behalf of others similarly situated, seeking to require the Secretary of Agriculture to institute one of two federal food assistance programs, the Commodity Distribution Program, 7 C.F.R. 250, 251, or the Food Stamp Program, 7 U.S.C. § 2011 et seq., in all areas of the state of Texas. Plaintiffs seek court ordered institution of one of these programs, regardless of the failure of state or...

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