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STATE OF LA., DEPT. OF HEALTH, ETC. v. BLOCK

No. 82-3218 Summary Calendar.

694 F.2d 430 (1982)

STATE OF LOUISIANA, through the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff-Appellant, v. John R. BLOCK, Secretary, United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 27, 1982.

Attorney(s) appearing for the Case

Dorothy J. Kyle, Staff Atty., Dept. of Health and Human Services, Baton Rouge, La., for plaintiff-appellant.

Shelly Zwick, Asst. U.S. Atty., Baton Rouge, La., Susan Carlson, Federal Programs Branch, Robert S. Greenspan, Carlene V. McIntyre, Dept. of Justice, Civil Division, Appellate Staff, Washington, D.C., for defendant-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

PER CURIAM:

This case arises out of the unrecovered theft of some $138,832 worth of food stamps from the New Orleans, Louisiana, issuing office, and the basic question that we are presented with is whether the loss should be borne by the United States, which had issued the stamps, or by the State of Louisiana, which had been given the immediate responsibility for their safekeeping and distribution. We are required to decide the question under the Food Stamp Act of...

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