ALLEN v. BERGLAND

No. 79-1616.

661 F.2d 1001 (1981)

Crezette ALLEN, Linda Myers and Isaiah Myers, Individually and on behalf of other persons similarly situated, Appellants, v. Robert BERGLAND, Individually and in his capacity as United States Secretary of Agriculture; Lewis Straus, Individually and in his capacity as Administrator of the United States Department of Agriculture's Food and Nutrition Service; David Alspach, Individually and in his capacity as Administrator of the Southeast Region of the Department of Agriculture's Food and Nutrition Service; Nancy Snyder, Individually and in her capacity as Director of the Food Stamp Division of the United States Department of Agriculture's Food and Nutrition Service; The United States Department of Agriculture; Virgil Conrad, Individually and in his capacity as Director of the South Carolina Department of Social Services; and the South Carolina Department of Social Services, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1981.


Attorney(s) appearing for the Case

Cynthia Schneider, Food Research & Action Center, Washington, D. C. (Maureen J. Feran, Neighborhood Legal Assistance Program, Inc., Charleston, S. C., on brief), for appellant.

Heidi M. Solomon, Asst. U. S. Atty., Edwin E. Evans, Asst. Atty. Gen., Columbia, S. C. (Thomas E. Lydon, Jr., U. S. Atty., Wm. Howell Morrison, Asst. U. S. Atty., Daniel R. McLeod, Atty. Gen., Raymond G. Halford, Deputy Atty. Gen., Robert D. Cook, Asst. Atty. Gen., Columbia, S. C., on brief), for appellees.

Before BUTZNER, PHILLIPS and MURNAGHAN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

In this case plaintiffs Crezetta Allen and Isaiah and Linda Myers mount a three-pronged attack on the interpretation given by the United States Department of Agriculture (USDA) to its regulations concerning treatment of nonrecurring lump-sum payments received under the Aid to Families with Dependent Children (AFDC) program for purposes of computing the "income" of a recipient who is also entitled to benefits under the Food Stamp...

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