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BIGGS v. LYNG

Nos. 970, 971, Dockets 86-6267, 86-6281.

823 F.2d 15 (1987)

Sonja BIGGS, Linda Braunstein, Peter De Respiris, Gaston Inman, Louis Jackson, Grace Nugent, Constance Scandola, and Janet Triant, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Richard E. LYNG, Secretary of the United States Department of Agriculture, and Joseph A. D'Elia, Commissioner of the Nassau County Department of Social Services, Defendants-Appellants, Cesar Perales, Commissioner of the New York State Department of Social Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

John F. Castellano, Bay Shore, N.Y. (Leonard S. Clark, Nassau Suffolk Law Services Committee, Inc., Bay Shore, N.Y., of counsel), for plaintiffs-appellees.

Robert K. Rasmussen, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., (Richard K. Willard, Asst. Atty. Gen., Andrew J. Maloney, U.S. Atty., John F. Cordes, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., James Michael Kelly, Associate Gen. Counsel, Roger Weiner, Atty., Dept. of Agriculture, Washington, D.C., of counsel), for defendant-appellant, Richard E. Lyng, Secretary of the U.S. Dept. of Agriculture.

Joshua A. Elkin, Deputy Co. Atty., County of Nassau, (Edward T. O'Brien, Co. Atty. of Nassau County, Mineola, N.Y., of counsel), for defendant-appellant, Joseph A. D'Elia, Commissioner of the Nassau County Department of Social Services.1

Before NEWMAN, KEARSE and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

The Secretary of Agriculture ("Secretary") appeals from a summary judgment of the United States District Court for the Eastern District of New York (Wexler, J.) overturning the Secretary of Agriculture's classification of certain state relief benefits as "income" rather than "loans" under the Food Stamp Act, 7 U.S.C.A. §§ 2011-2029 (West 1973 & Supp.1987), and ordering retroactive food stamp benefits to be paid to the members...

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