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WEST v. BOWEN

No. 88-1475.

879 F.2d 1122 (1989)

WEST, Marie, individually and on behalf of all others similarly situated v. BOWEN, Otis R. individually and in his capacity as Secretary of the United States Department of Health and Human Services Lyng, Richard E. individually and in his capacity as Secretary of the United States Department of Agriculture White, John F., Jr. individually and in his capacity as Secretary of the Pennsylvania Department of Public Welfare and Stovall, Don Jose individually and in his capacity as Executive Director of the Philadelphia County Assistance Office. Appeal of Marie E. WEST, individually and on behalf of the classes she represents, Class A and Class B.

United States Court of Appeals, Third Circuit.

Decided June 30, 1989.

Rehearing and Rehearing Denied September 11, 1989.

Attorney(s) appearing for the Case

George D. Gould, Peter D. Schneider, Community Legal Services, Inc., Philadelphia, Pa., David A. Super (argued), Food Research & Action Center, Inc., Washington, D.C., for appellants.

John R. Bolton, Asst. Atty. Gen., Thomas H. Lee, II, Acting U.S. Atty., Anthony J. Steinmeyer, Constance A. Wynn (argued), Robert Greenspan, U.S. Dept. of Justice, Civ. Div., Appellate Branch, Washington, D.C., for appellee, Otis R. Bowen, Secretary of Health and Human Services.

LeRoy S. Zimmerman, Atty. Gen., Michael L. Harvey (argued), Deputy Atty. Gen., George R. Neuhauser, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Atty. Gen., Harrisburg, Pa., for appellees, White & Stovall.

Before HIGGINBOTHAM, MANSMANN, and GARTH, Circuit Judges

Rehearing and Rehearing In Banc Denied September 11, 1989.

OPINION OF THE COURT

GARTH, Circuit Judge.

Plaintiff/Appellant, Marie West ("West"), individually, and as the representative of two different classes of individuals who claim that they have not received food stamp benefits to which they are entitled, appeals from a summary judgment order entered in favor of Defendant/Appellee, Bowen, Secretary of the Department of Health and Human Services...

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