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MAINE ASS'N OF INT. NEIGH. v. COM'R, MAINE DHS

No. 91-1275.

946 F.2d 4 (1991)

MAINE ASSOCIATION OF INTERDEPENDENT NEIGHBORHOODS, et al., Plaintiffs, Appellees, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant, Appellee, Clayton Yeutter, Secretary, United States Department of Agriculture, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 27, 1991.

Attorney(s) appearing for the Case

Richard A. Olderman, Atty., Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Richard S. Cohen, U.S. Atty., and Barbara C. Biddle, Atty., Appellate Staff, Civil Div., Dept. of Justice, were on brief, for defendant, appellant.

Jack Comart, with whom Marina E. Thibeau, Asst. Atty. Gen., Dept. of Human Services, Patrick Ende and Pine Tree Legal Assistance, Inc., were on brief, for plaintiffs, appellees.

Before TORRUELLA and SELYA, Circuit Judges, and YOUNG, District Judge.

TORRUELLA, Circuit Judge.

This court must decide whether a Department of Agriculture regulation that defines the term "head of household" for purposes of the Food Stamp Act's "voluntary quit" rule is compatible with that statute. The Maine Association of Independent Neighborhoods ("MAIN") originally filed this action against the Maine Department of Human Services in Maine state court. The case was then removed to the United...

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