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SEPULVEDA v. BLOCK

No. 368, Docket 85-6197.

782 F.2d 363 (1986)

Angela SEPULVEDA, and Hilda Rodriguez, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. John BLOCK, individually and in his capacity as Secretary of the United States Department of Agriculture; Cesar Perales, individually and in his capacity as Commissioner of the New York State Department of Social Services; James Krauskopf, individually and in his capacity as Commissioner of the New York City Department of Social Services; and the New York City Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Lucy Billings, Bronx, N.Y. (Ann McDonald, Bronx Legal Services, of counsel), for plaintiffs-appellants.

Jordan Stanzler, New York City (Maryellen Chomsky, Judith T. Kramer, and Susan D. Wagner, of counsel) for defendants-appellees.

Before PIERCE, MINER and DAVIS, Circuit Judges.

DAVIS, Circuit Judge:

The question is whether the Secretary of Agriculture violated the Administrative Procedure Act (APA) in promulgating an interim regulation without prior public notice and an opportunity to comment. We hold that the Department of Agriculture (USDA) had "good cause" pursuant to section 553(b)(B) of the APA to dispense with prior notice and comment in publishing this interim rule. We decide this issue of "good cause" even though the district court...

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