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ANDERSON v. BUTZ

No. 75-3647.

550 F.2d 459 (1977)

Jackie ANDERSON et al., Plaintiffs-Appellees, v. Earl BUTZ, as Secretary of the Department of Agriculture, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 1, 1977.

Attorney(s) appearing for the Case

Frederic D. Cohen (argued), Dept. of Justice, Washington, D.C., for defendant-appellant.

Robert M. Teets, Jr. (argued) Berkeley, Cal., Food Law Center-California Rural Legal Assistance, David B. Bryson, San Francisco, Cal., Catherine M. Bishop, Berkeley, Cal., for plaintiffs-appellees.

Before WRIGHT and GOODWIN, Circuit Judges, and INGRAM, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

The essence of appellees' claim below was that Secretary of Agriculture Butz improperly included rent subsidies paid by the Department of Housing and Urban Development [HUD] as "income" for food stamp purposes. Appellees are heads of households qualified for food stamp coupons under the Federal Food Stamp Act (7 U.S.C. §§ 2011 et seq. (Supp.1976))1 and are members of a certified nationwide...

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