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WEST v. SULLIVAN

No. 91-1570.

973 F.2d 179 (1992)

Marie E. WEST, individually and on behalf of all others similarly situated v. Louis W. SULLIVAN, individually and in his capacity as Secretary of the United States Department of Health and Human Services; Edward R. Madigan, individually and in his capacity as Secretary of the United States Department of Agriculture; Walter W. Cohen, individually and in his capacity as Secretary of the Pennsylvania Department of Public Welfare; and Don Jose Stovall, individually and in his capacity as Executive Director of the Philadelphia County Assistance Office, Marie E. West, individually and on behalf of the class she represents, Class B, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 17, 1992.

As Amended August 25, 1992.

Rehearing Denied September 14, 1992.

Attorney(s) appearing for the Case

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

Michael M. Baylson, U.S. Atty., Office of U.S. Atty., Philadelphia, Pa., Stuart M. Gerson, Asst. Atty. Gen., Anthony J. Steinmeyer, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Constance A. Wynn (argued), U.S. Dept. of Justice, Appellate Section, Washington, D.C., for Appellees Sullivan and Madigan.

Michael L. Harvey (argued), Office of Atty. Gen. of Pa., Dept. of Justice, Harrisburg, Pa., for appellees Cohen and Stovall.

Before: BECKER, ROTH, Circuit Judges, and McCUNE, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge.

Appellant Marie West and a class of similarly-situated plaintiffs (collectively West) seek to overturn a district court decision which potentially reduces certain of their benefits under the Food Stamp Act, 7 U.S.C.A. §§ 2011 et seq. (1988 & Supp. 1992). Specifically, West challenges a policy adopted by Appellee Edward Madigan, Secretary of the Department of Agriculture (USDA), that would prevent...

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