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VERNA v. COLER

No. 89-5363.

893 F.2d 1238 (1990)

Jeanette VERNA, in behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Gregory L. COLER, Secretary, Department of Health Rehabilitative Services, Defendant-Third Party-Plaintiff-Appellee, v. Richard E. LYNG, Secretary, United States Department of Agriculture and Consumer Services, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

February 6, 1990.

Attorney(s) appearing for the Case

Sally G. Schmidt, Lake Worth, Fla., for plaintiff-appellant.

Ken Muszynski, General Counsel Dept. HHS, Tallahassee, Fla., for defendant-third party-plaintiff-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

The sole issue on appeal is whether the Federal Food Stamp voluntary quit regulation, 7 C.F.R. 273.7(c), and the regulation defining "head of household" as the household's "primary wage earner," 7 C.F.R. 273.1(d)(2) are inconsistent with the Federal Food Stamp Act, 7 U.S.C. § 2011 et seq., or are valid as a permissible construction of the Act in the exercise of the Secretary's delegated powers. The district court upheld the validity of the...

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