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COM. OF MASS. v. LYNG

Nos. 89-1302, 89-1303.

893 F.2d 424 (1990)

COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellant, v. Richard E. LYNG, et al., Defendants, Appellees. COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellee, v. Richard E. LYNG, et al., Defendants, Appellees, Coalition For Basic Human Needs, Plaintiff, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided January 9, 1990.

As Amended January 16, 1990.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen. was on brief, for plaintiff, appellant Com. of Mass.

Steven Savner, Massachusetts Law Reform Institute, with whom Patti A. Prunhuber, Western Massachusetts Legal Services, was on brief, for plaintiff, intervenor, appellant Coalition for Basic Human Needs.

Drake Cutini, Atty., U.S. Dept. of Justice, Civ. Div., with whom Stuart E. Schiffer, Acting Asst. Atty. Gen., Wayne A. Budd, U.S. Atty. and Robert S. Greenspan, Atty., Dept. of Justice, Civ. Div., were on brief, for defendants, appellees.

Before BOWNES and TORRUELLA, Circuit Judges, and TIMBERS, Senior Circuit Judge.

BOWNES, Circuit Judge.

These appeals, from a summary judgment denying declaratory relief sought by the Commonwealth of Massachusetts, involve the treatment, for the purpose of calculating federal food stamp benefits, of a specially appropriated clothing allowance paid by the Commonwealth to recipients of Aid to Families with Dependent Children ("AFDC") or on General Relief ("GR").

The basic matter before us is the district court's decision upholding the agency...

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