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MURRAY v. LYNG

No. 87-5331.

854 F.2d 303 (1988)

Debra MURRAY and Annadine Houle, individually and on behalf of all others similarly situated, Appellees, v. Richard E. LYNG, in his capacity as Secretary of the United States Department of Agriculture, Appellant, Sandra Gardebring, in her capacity as Commissioner of the Minnesota Department of Human Services.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1988.

Attorney(s) appearing for the Case

Jeffrey Clari, Washington, D.C., for appellant.

James E. Wilkinson, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, ARNOLD and FAGG, Circuit Judges.

FAGG, Circuit Judge.

The Secretary of the United States Department of Agriculture (the Secretary) appeals from the district court's decision in this class action prohibiting enforcement of certain Department regulations under the Food Stamp Act of 1964, 7 U.S.C. §§ 2011-2029 (the Act). See Murray v. Lyng, 667 F.Supp. 668, 675 (D.Minn.1987). The first of the challenged regulations requires that in determining the...

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