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WILSON v. LYNG

No. 88-1557.

856 F.2d 630 (1988)

Annie WILSON; Gloria Green, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Richard LYNG, in his official capacity as Secretary of the U.S. Department of Agriculture, Defendant-Appellant, and David T. Flaherty, in his official capacity as Secretary of N.C. Department of Human Resources; Millie Brown, in her official capacity as Director of the Duplin County Department of Social Services; John Syria, in his official capacity as Director of the N.C. Division of Social Services; J.F. McKeithan, in his official capacity as Director of the Richmond County Department of Social Services, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 7, 1988.

Attorney(s) appearing for the Case

Richard Alan Olderman (Leonard Schaitman, Civil Div., Dept. of Justice, Washington, D.C.; J. Douglas McCullough, U.S. Atty., Raleigh, N.C., John R. Bolton, Asst. Atty. Gen., Washington, D.C., on brief) for defendant-appellant.

John L. Saxon, Hillsbough, (North State Legal Services, Inc.; Richard M. Klein, Mason T. Hogan, Legal Services of the Lower Cape Fear, on brief), for plaintiffs-appellees.

Before CHAPMAN, WILKINSON, and WILKINS, Circuit Judges.

WILKINSON, Circuit Judge:

In this class action, food stamp claimants challenge the Secretary of Agriculture's regulations enforcing certain provisions of the Food Stamp Act. The regulations implement the Act's "voluntary quit" provision, which disqualifies households from participating in the food stamp program when the head of the household voluntarily quits his or her job without good cause. The district court invalidated the regulations. We reverse.

I...

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