BURKE v. PUBLIC WELFARE DIVISION


570 P.2d 87 (1977)

31 Or.App. 161

Margaret BURKE, Petitioner, v. PUBLIC WELFARE DIVISION, Respondent.

Court of Appeals of Oregon.

Decided October 17, 1977.


Attorney(s) appearing for the Case

Robert Norman Ehmann, Oregon Legal Services Corporation, Pendleton Regional Office, argued the cause and filed the brief for petitioner.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.


TANZER, Judge.

Petitioner seeks review of a hearing officer's order that tribal land payments made to petitioner's children should be treated as income in computing the family's food stamp grant.

The facts are not disputed. On November 30, 1976, petitioner applied for food stamp benefits on behalf of herself, her husband and their five children. Four of petitioner's children are members of the confederated tribes of the Umatilla Indian Reservation. As such...

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