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DION v. COM'R, MAINE DEPT. OF HUMAN SERVICES

No. 90-1896.

933 F.2d 13 (1991)

Patricia DION, Plaintiff, Appellee, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant, Appellee. Clayton Yeutter, Secretary of Agriculture, Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Jeffrey A. Clair, Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Richard S. Cohen, U.S. Atty., and Robert S. Greenspan, Appellate Staff, Civ. Div., Dept. of Justice, were on brief, for third-party defendant, appellant.

Mary T. Henderson with whom Jack Comart, Pine Tree Legal Assistance, was on brief, for plaintiff, appellee.

Before CAMPBELL and SELYA, Circuit Judges, and POLLAK, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal involves the treatment, for the purposes of determining food stamp eligibility, of the income of a teenaged parent who is the head of her own food stamp household. The Secretary of the United States Department of Agriculture appeals from the district court's judgment invalidating the Secretary's regulation that effectively precludes a teenaged parent from simultaneously claiming the benefit of the child income exclusion...

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