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BANKS v. BLOCK

Nos. 81-5693, 81-5833.

700 F.2d 292 (1983)

Mrs. Mannie BANKS, on her own behalf, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. John R. BLOCK, et al., Defendants-Appellees. Jesse and Mrs. Deborah HOLLAND, Plaintiffs-Appellants, v. John R. BLOCK, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 10, 1983.

Rehearing and Rehearing Denied April 1, 1983.

Attorney(s) appearing for the Case

Robert L. Huggins, Jr. (argued), Angela Sherbo, Richard L. Kaiser, Appalachian Research & Defense Fund of Kentucky, Inc. Hazard, Ky., for plaintiffs-appellants.

Mark B. Rotenberg (argued), Atty. Adviser, Office of Legal Counsel, Dept. of Justice, Washington, D.C., Robert B. Shanks, Deputy Asst. Atty. Gen., Washington, D.C., Joseph L. Famularo, U.S. Atty., Lexington, Ky., Barbara Edelman, Marianna J. Read, Asst. U.S. Attys., Kay E. Sauer, Stanley A. Stratford, Gen. Counsel, Dept. of Human Resources, Frankfort, Ky., Linda Cromwell, William Kanter, Frederick Geilfuss, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellees.

Before KRUPANSKY and WELLFORD, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 1, 1983.

PHILLIPS, Senior Circuit Judge.

Does a food stamp recipient whose certification has expired and who has been found ineligible for recertification, have a property interest in, and a constitutional right to, the continuation of food stamp benefits pending a hearing under 7 U.S.C. § 2020(e)(4) & (e)(10)? This question is presented in two consolidated appeals. Appellants claim a due process property...

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