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VICTORIAN v. MILLER

No. 85-2494.

813 F.2d 718 (1987)

Josephine VICTORIAN and Ruth Helen Jones, Plaintiffs-Appellants, v. Barbara MILLER, Supervisor, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 7, 1987.

Attorney(s) appearing for the Case

Jeffrey J. Skarda, Gulf Coast Legal Foundation, Houston, Tex., for plaintiffs-appellants.

Robert Ozer, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges.

JOHNSON, Circuit Judge:

We consider this case en banc to review the panel's holding that no private right of action is available under 42 U.S.C. § 1983 to remedy state violations of the Food Stamp Act, 7 U.S.C. §§ 2011-2029. See Victorian v. Miller, 796 F.2d 94 (5th Cir.1986). In reaching its conclusion, the panel acted under the constraint of our decision in Tyler v. Mmes. Pasqua & Toloso,

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