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LEVESQUE v. BLOCK

Nos. 83-1341, 83-1342.

723 F.2d 175 (1983)

Michele LEVESQUE, et al., Plaintiffs, Appellees, v. John R. BLOCK, Secretary of Agriculture, et al., Defendants, Appellants. Michele LEVESQUE, et al., Plaintiffs, Appellees, v. John R. BLOCK, Secretary of Agriculture, Defendant, Appellee. Richard A. Chevrefils, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., W. Stephen Thayer, III, U.S. Atty., Concord, N.H., and Leonard Schaitman, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., were on brief, for John R. Block, Secretary of Agriculture.

Ronald B. Eskin, Manchester, N.H., for Michele Levesque, et al.

Before CAMPBELL, Chief Judge, McGOWAN, Senior Circuit Judge, and SELYA, District Judge.

McGOWAN, Senior Circuit Judge.

In an attempt to reduce federal spending, Congress made major changes in federal programs, including the Food Stamp Program, in the Omnibus Budget Reconciliation Act of 1981 ("OBRA"), Pub.L. No. 97-35, 95 Stat. 357 (codified in scattered sections of U.S.C.). At issue in this case are food stamp regulations that were promulgated without the notice-and-comment and thirty-day prior publication required by the Administrative Procedure Act...

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