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LEDESMA v. BLOCK

No. 85-1730.

825 F.2d 1046 (1987)

Dorothy and Manuel LEDESMA, Plaintiffs-Appellants, v. John BLOCK, Secretary of the United States Department of Agriculture; Dr. John T. Dempsey, Director of Michigan State Department of Social Services; and Paul V. Henrikson, Director of the Michigan State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1987.

Attorney(s) appearing for the Case

Roy J. Portenga (argued), Libner, Van Leuven & Kortering, Muskegon, Mich., for plaintiffs-appellants.

Jordan Rossen, Richard W. McHugh, Gen. Counsel, Detroit, Mich., for amicus curiae.

William Kanter, Civ. Div., Appellate Staff, U.S. Dept. of Justice, Washington, D.C., James D. Clarke, Stephen H. Garrard, Lansing, Mich., Lee S. Liberman, Justice Dept., Civ. Div., Washington, D.C., Edward R. Cohen (argued), for defendants-appellees.

Before ENGEL and NORRIS, Circuit Judges; COHN, District Judge.

ENGEL, Circuit Judge.

This appeal challenges the constitionality, on First Amendment and equal protection grounds, of the 1980 and 1981 amendments to the Food Stamp Act of 1977, 7 U.S.C. § 2011, et seq. The challenged amendments remove from eligibility for food stamps those persons engaged in labor strikes unless their households had been eligible to receive food stamps before the strike.

I.

The amendments were enacted in the Food Stamp...

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