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FOGGS v. BLOCK

Nos. 83-1270, 83-1320.

722 F.2d 933 (1983)

Karen FOGGS, et al., Plaintiffs, Appellees, v. John R. BLOCK, Defendant, Appellee. Thomas Spirito, etc., Defendant, Appellant. Karen FOGGS, et al., Plaintiffs, Appellees, v. John R. BLOCK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 7, 1983.

Attorney(s) appearing for the Case

Ellen L. Janos, Asst. Atty. Gen., Government Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and James A. Aloisi, Jr., Asst. Atty. Gen., Government Bureau, Boston, Mass., were on brief, for Massachusetts Com'r of Public Welfare.

Bruce G. Forrest, Appellate Staff, Dept. of Justice, with whom J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Nancy Serventi, Asst. U.S. Atty., Boston, Mass., Leonard Schaitman, Appellate Staff, Dept. of Justice, and Edward J. Barron, U.S. Dept. of Agr., Washington, D.C., were on brief, for appellant, United States of America.

J. Paterson Rae, Worcester, Mass., with whom Steven A. Hitov, New Rochelle, N.Y., was on brief, for Karen Foggs, et al.

Before COFFIN, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BOWNES, Circuit Judge.

COFFIN, Circuit Judge.

Defendants, the United States Secretary of Agriculture and the Massachusetts Commissioner of Public Welfare, appeal a judgment of the district court for the District of Massachusetts. The district court held that the defendants deprived the plaintiffs of property without due process of law when they reduced plaintiffs' food stamp benefits without first providing them with constitutionally adequate notice. The district court ordered restoration...

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