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CARTER v. BUTZ

Nos. 72-1239, 72-1288.

479 F.2d 1084 (1973)

Katie CARTER, on behalf of the household of Thomasena Tindall, Deceased, Barbara C. Ankney, individually and on behalf of her household and on behalf of all others similarly situated, Appellants in No. 72-1239, v. Earl L. BUTZ, Individually and in his capacity as Secretary of the United States Department of Agriculture, et al., Appellants in No. 72-1288, and Helene Wohlgemuth, Secretary of Welfare of the Commonwealth of Pennsylvania, et al.

United States Court of Appeals, Third Circuit.

Decided May 29, 1973.

Attorney(s) appearing for the Case

Michael A. Nemec, Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for Katie Carter and others.

Harlington Wood, Jr., Acting Asst. Atty. Gen., Richard L. Thornburgh, U. S. Atty., Alan S. Rosenthal, Michael Kimmel, Attys., Dept. of Justice, Washington, D. C., for the Federal Government.

J. Shane Creamer, Atty. Gen., Barry A. Roth, Marx S. Leopold, Asst. Attys. Gen., Harrisburg, Pa., for Secretary of Welfare and Commonwealth of Pennsylvania.

Before GIBBONS and HUNTER, Circuit Judges, and MUIR, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this action heads of households who were beneficiaries of the federal food stamp program sought relief in the district court against the federal Secretary of Agriculture1 and the Pennsylvania Welfare Department2 for the deprivation of food stamps which resulted from administrative errors committed by officials of the Welfare Department. The district...

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