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HARRELSON v. BUTZ

Nos. 76-2165 to 76-2167.

547 F.2d 915 (1977)

Matilda HARRELSON, Individually and on behalf of all others similarly situated, Appellee, v. Earl BUTZ, Secretary of United States Department of Agriculture and William L. Lukhard, Commissioner of the Virginia Department of Welfare, Appellants. Matilda HARRELSON, Individually and on behalf of all others similarly situated, Appellee, v. William L. LUKHARD, Commissioner of the Virginia Department of Welfare, Appellant, and Earl Butz, Secretary of United States Department of Agriculture, Defendant. Matilda HARRELSON, Individually and on behalf of all others similarly situated, Appellant, v. Earl BUTZ, Secretary of the Department of Agriculture, and William L. Lukhard, Commissioner of the Virginia Department of Welfare, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1977.

Attorney(s) appearing for the Case

Michael Hertz, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., William B. Cummings, U.S. Atty., Alexandria, Va., and William Kanter, Atty. Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for appellants.

Gerald B. Lutkenhaus, Neighborhood Legal Aid Society, Inc., Richmond, Va., for appellees.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and WYZANSKI, Senior District Judge.

FIELD, Senior Circuit Judge:

The plaintiffs filed this class action challenging certain regulations promulgated by the Secretary of Agriculture and the Commonwealth of Virginia pursuant to the Food Stamp Act of 1964, 78 Stat. 703, et seq., as amended, 7 U.S.C. § 2011, et seq. Specifically, the challenge of the plaintiffs is directed at 7 C.F.R. §§ 271.3(c)(1)(i)(j) and 271.3(c)(1)(iii)(f) which provide, inter alia,

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