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BURKETT v. UNITED STATES DEPT. OF AGR.

No. 84-3391.

764 F.2d 1203 (1985)

Janice L. BURKETT, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; John Block, Official Capacity; Ohio Department of Public Welfare; Kenneth B. Creasy, Individually and Official Capacity; Thomas McDowell, Individually and Official Capacity; Sandusky County Welfare Department; Richard Simington, Individually and Official Capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 20, 1985.

Attorney(s) appearing for the Case

William H. Fraser, argued, Advocates for Basic Legal Equality, Inc., Toledo, Ohio, for plaintiff-appellant.

Russell W. Whittenburg, argued, Asst. Atty. Gen., Columbus, Ohio, Ronald J. Mayle, Fremont, Ohio, Asst. U.S. Atty., Toledo, Ohio, Barbara C. Biddle, argued, Robert S. Greenspan, Appellate Staff, Civ. Div., Main Justice Dept., Washington, D.C., for defendants-appellees.

Before MERRITT and MILBURN, Circuit Judges, and GILMORE, District Judge.

MILBURN, Circuit Judge.

Plaintiff appeals from the decision of the district court granting the defendants' motion for summary judgment. This appeal presents the issue of whether Pell Grant funds spent by the plaintiff on books and supplies while such funds were temporarily restricted by her school to spending at the school bookstore are excludable from income computations for the purpose of determining entitlement to food stamps under 7 U.S.C. § 2014(d)(5) and...

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