SHAFFER v. BLOCK

Nos. 81-3475, 81-3476 and 81-3654.

705 F.2d 805 (1983)

Judith SHAFFER, Plaintiff-Appellee/Cross-Appellant, v. John R. BLOCK, Secretary of Agriculture of the United States, Defendant-Appellant/Cross-Appellee, and George Steger, et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 20, 1983.


Attorney(s) appearing for the Case

Richard W. Hanusz, Lucas County Welfare Dept., Toledo, Ohio, for Lucas County Welfare and George Steger.

Michael H. Igoe, Steven H. Feldman, Asst. Attys. Gen., Columbus, Ohio, for Ohio Dept. of Public Welfare, Kenneth B. Creasy and Thomas McDowell.

Joseph R. Tafelski, Wm. H. Fraser and Ruth J. Weil, Advocates for Basic Equality, Laurene M. Heybach (argued), University of Toledo College of Law, Civil Law Center, Toledo, Ohio, for Judith Shaffer.

James Michael Kelley, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Ed. J. Barron, Terence G. Jackson (argued), Office of Gen. Counsel, U.S. Dept. of Agriculture for John R. Block, in cases Nos. 81-3475 and 81-3654.

Brian G. Kennedy, Leonard Schaitman, Al J. Daniels, Jr., U.S. Dept. of Justice, Civ. Div., Washington, D.C., for John R. Block in case No. 81-3476.

Before EDWARDS, Chief Circuit Judge, KEITH, Circuit Judge, and HOFFMAN, Senior District Judge.


WALTER E. HOFFMAN, Senior District Judge.

This case arises under the Food Stamp Act of 1977, Pub.L. No. 95-113, Title XIII, 91 Stat. 958 (1977) (codified at 7 U.S.C. §§ 2011-2029), and involves the question of whether a Basic Educational Opportunity grant1 (BEOG or BEO grant) should be counted as income in determining food stamp eligibility and benefits. The district court held that the plaintiff's BEO grant was excludable from...

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