BLINZINGER v. LYNG

Nos. 86-2674, 86-2698.

834 F.2d 618 (1987)

Donald L. BLINZINGER, in his capacity as Administrator of the Indiana State Department of Public Welfare, Lisa A. Seyfried and Else Thomas, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. Richard E. LYNG, in his capacity as United States Secretary of Agriculture; Robert Leard, in his capacity as Administrator of United States Food and Nutrition Service; Virgil Conrad, in his capacity as Deputy Administrator of United States Food and Nutrition Service; Dustan Van Vleet, in his capacity as Regional Director of Family Nutrition Program, USDA; Monroe Woods, in his capacity as Regional Administrator of Food and Nutrition Service, USDA; and United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1987.

As Amended November 9, 1987.


Attorney(s) appearing for the Case

Donald R. Lundberg, Leg. Ser. Organization of Indiana, Inc., Indianapolis, Ind., for plaintiffs-appellants.

Sharon L. Reich, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellees.

Before COFFEY, RIPPLE and MANION, Circuit Judges.


COFFEY, Circuit Judge.

The Federal Food Stamp Act of 1977, as amended by the Food Security Act of 1985, 7 U.S.C. § 2014, provides that income (for the purpose of calculating a person's entitlement to participation in the food stamp program) does not include a benefit which is in a form other than money payable directly to a household. An exception to this rule provides that money paid to a third party on behalf of a needy household is income if it is paid...

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