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GONZALEZ v. PINGREE

No. 86-3545.

821 F.2d 1526 (1987)

Patricia GONZALEZ, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. David PINGREE, in his official capacity as Secretary of the Florida Department of Health and Rehabilitative Services, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 1987.

Attorney(s) appearing for the Case

Michael Guare, Fla. Rural Legal Services, Bartow, Fla., Sally Schmidt, Fla. Rural Legal Services, Inc., Belle Glade, Fla., for plaintiff-appellant.

John S. Miller, Asst. Gen. Counsel, Dept. of Health & Rehab. Services, Tallahassee, Fla., for defendants-appellees.

Before FAY and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judges.

HENDERSON, Senior Circuit Judge:

This is a case of first impression in this circuit. The sole issue for resolution is whether 42 U.S.C. § 19831 provides a remedy for violations of the Food Stamp Act, 7 U.S.C. § 2011 et seq. Finding insufficient evidence of congressional intent to foreclose § 1983 action to redress deprivation of the substantive rights conferred by the Act, we reverse the decision of the United States...

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