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ROGERS v. INK

No. 82-2286.

766 F.2d 430 (1985)

Wallace ROGERS and Southeast Kansas Community Action Program, Inc., Plaintiffs-Appellants, v. Dwight INK, Director of the Community Services Administration, and David Stockman, Director of the Office of Management and Budget, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 28, 1985.

Attorney(s) appearing for the Case

David Achtenberg of Achtenberg & Achtenberg, P.C., Kansas City, Mo., for plaintiffs-appellants.

Richard A. Olderman, Atty., Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., William Kanter, Civ. Div., Dept. of Justice, Washington, D.C., and Jim J. Marquez, U.S. Atty., Topeka, Kan., were also on the brief), for defendants-appellants.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and BOHANON, District Judge.

HOLLOWAY, Chief Judge.

Plaintiffs, a Kansas organization which provides assistance to low income residents and a recipient of such assistance, brought this action challenging defendants' refusal to fund the entire 1981 program year of the organization. This refusal followed a decision by Congress to replace the former system of direct federal funding of state and local anti-poverty organizations with a block grant program effective October 1, 1981.

The district...

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