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BEIRNE v. SECRETARY OF DEPT. OF AGR.

No. 80-1560.

645 F.2d 862 (1981)

Gloria BEIRNE, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. SECRETARY OF the United States DEPARTMENT OF AGRICULTURE; and Anthony Mitchell, individually and in his capacity as Executive Director of the Utah Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Lucy Billings, Utah Legal Services, Inc., Salt Lake City, Utah, and W. Paul Wharton, Utahns Against Hunger, Salt Lake City, Utah, for plaintiffs-appellants.

Ronald L. Rencher, U. S. Atty., Wallace Boyack, Asst. U. S. Atty., District of Utah, Salt Lake City, Utah, James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., for defendants-appellees.

Before McKAY, LOGAN and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). This cause is therefore ordered submitted without oral argument.

This appeal attacks the trial court's determination that the Secretary of the United States Department of Agriculture may lawfully...

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