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THOMAS v. BERGLAND

Nos. 76-3087, 76-2199.

581 F.2d 749 (1978)

William THOMAS, Plaintiff-Appellant, v. Robert H. BERGLAND, Secretary, U. S. Department of Agriculture, Edward Hekman, Administrator, Food and Nutrition Service, Department of Agriculture, James Kocher, Director, Food Stamp Program, Department of Agriculture, Richard E. Mellinger, Food Stamp Program, Western Region, Department of Agriculture, William Mayo, Director, Arizona Department of Economic Security, Robert Hoogestraat, Director, Division of County Operations, Arizona Department of Economic Security, Hugh McFarland, Coordinator, Food Stamp Unit, Arizona Department of Economic Security, William Marchinton, Welfare Administrator, Maricopa County Food Stamp Unit, Arizona Department of Economic Security, in their official capacities, Defendants-Appellees. William THOMAS, Plaintiff-Appellee, v. Robert H. BERGLAND, Secretary, U. S. Department of Agriculture, Edward Hekman, Administrator, Food and Nutrition Service, Department of Agriculture, James Kocher, Director, Food Stamp Program, Department of Agriculture, Richard E. Mellinger, Food Stamp Program, Western Region, Department of Agriculture, William Mayo, Director, Arizona Department of Economic Security, Robert Hoogestraat, Director, Division of County Operations, Arizona Department of Economic Security, Hugh McFarland, Coordinator, Food Stamp Unit, Arizona Department of Economic Security, William Marchinton, Welfare Administrator, Maricopa County Food Stamp Unit, Arizona Department of Economic Security, in their official capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 5, 1978.

Attorney(s) appearing for the Case

Victor Aronow (argued), Temple, Ariz., cross-appellee.

Michael F. Hertz (argued), Washington, D. C., for cross-appellant.

Before MERRILL and CHOY, Circuit Judges, and TANNER, District Judge.

PER CURIAM:

Facts

Appellee brought this suit challenging regulations promulgated by the Secretary of Agriculture governing the allocation of food stamps. Under the Food Stamp Act low-income households are entitled to purchase food stamps at a price determined by the household's income. The challenged regulations provide that "scholarships, educational grants (including loans on which repayment is deferred...

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