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STEWART v. BUTZ

No. 73-1558.

491 F.2d 165 (1974)

Gloria STEWART, etc., Plaintiff-Appellee, v. Earl L. BUTZ, Secretary of Agriculture, et al., Defendants-Appellants, and Gail Huecker, Commissioner of the Kentucky Department of Economic Security, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 25, 1974.

Attorney(s) appearing for the Case

Michael Kimmel, Dept. of Justice, Washington, D. C., for defendants-appellants; Harlington Wood, Jr., Asst. Atty. Gen., George J. Long, U. S. Atty., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., on brief.

Paul M. Cupp, Frankfort, Ky., for appellees; Graham B. Cooke, Kurt Berggren, Legal Aid Society of Louisville, Louisville, Ky., on brief for Gloria Stewart; Paul E. Tierney, Frankfort, Ky., on brief for Gail Huecker & Commonwealth of Kentucky.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Mrs. Gloria Stewart filed this class action, alleging that she was denied her right to purchase food stamps during the month of May 1972, for the stated reason that she had purchased an amount of food stamps in excess of her quota for the preceding month. There is no dispute on the record before this court that Mrs. Stewart was wrongfully denied the right to purchase food stamps during the month in question. The District Court ordered the Secretary of...

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