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HOLMAN v. BLOCK

No. 86-2615.

823 F.2d 56 (1987)

Joseph R. HOLMAN; Dottie Holman, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. John R. BLOCK, individually and in his official capacity, Secretary of the United States Department of Agriculture; Phillip J. Kirk, Jr., individually and in his official capacity, Secretary of the North Carolina Department of Human Resources, Defendants-Appellees, Andrea Lambertson, Director, Department of Division of Social Services, Ashe Co., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1987.

Attorney(s) appearing for the Case

Louise Leona Ashmore (Legal Services of the Blue Ridge, Boone, N.C., on brief), for plaintiffs-appellants.

Thomas Mark Bondy, Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Charles R. Brewer, U.S. Atty., Asheville, N.C., John F. Cordes, Dept. of Justice, Washington, D.C., on brief), for defendants-appellees.

Before HALL and WILKINS, Circuit Judges, and TIMBERS, Circuit Judge for the United States Court of Appeals for the Second Circuit, sitting by designation.

K.K. HALL, Circuit Judge:

Joseph R. Holman and his wife, Dottie Holman ("the Holmans") appeal from an order of the district court dismissing their action alleging a violation of constitutional due process arising from the interruption of their benefits under the Federal Food Stamp Program. The court granted summary judgment in favor of the defendants, John R. Block, Secretary of the United States Department of Agriculture and Philip T. Kirk, Secretary of the North...

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