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MARYLAND DEPT. OF HUMAN RES. v. DEPT. OF AGR.

Nos. 85-2043, 91-2370.

976 F.2d 1462 (1992)

MARYLAND DEPARTMENT OF HUMAN RESOURCES; Ruth W. Massinga, Secretary; Linda Walter, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; John R. Block, Secretary, Defendants-Appellants. MARYLAND DEPARTMENT OF HUMAN RESOURCES; Ruth W. Massinga, Secretary; Melinda Y. Harps, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; John R. Block, Secretary, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1992.

As Amended October 27, 1992.

Attorney(s) appearing for the Case

Irene Marietta Solet, Civil Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Civil Div., U.S. Dept. of Justice, Washington, D.C., Richard D. Bennett, U.S. Atty., Baltimore, Md., on brief), for defendants-appellants.

Nancy Backer Shuger, Asst. Atty. Gen., Baltimore, Md., argued (J. Joseph Curran, Jr., Atty. Gen. of Maryland, Stuart R. Cohen, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for plaintiffs-appellees.

Before HALL and LUTTIG, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

The United States Department of Agriculture (USDA) refused to approve two requests by the state of Maryland to exclude certain "energy assistance" grants from its residents' income when calculating eligibility and benefits under the federal food stamp program. The Maryland Department of Human Resources, Maryland's Secretary of Human Resources, and a class of Maryland food stamp recipients sued to require USDA to approve the...

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