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BAUM v. ESPY

No. 5:88 CV 0234.

840 F.Supp. 493 (1993)

Robin BAUM, et al., Plaintiffs, v. Mike ESPY, et al., Defendants.

United States District Court, N.D. Ohio, E.D.

December 13, 1993.

Attorney(s) appearing for the Case

Robert Harold Bonthius, Jr., Peter M. Iskin, Legal Aid Soc. Of Cleveland, Cleveland, OH, for plaintiffs.

Kathleen Ann Sutula, Michael Anne Johnson, Alexander A. Rokakis, Office of the U.S. Atty., Cleveland, OH, for Clayton Yeutter, Secretary of the Dept. of Agriculture.

Alan P. Schwepe, Office of the Atty. Gen., Columbus, OH, for Kathryn T. Glynn, Director of Ohio Dept. of Human Services.

Kent M. Graham, Roxana R. Lyle, Office of the Pros. Atty., Ravenna, OH, for John J. Witkosky, Adm'r of Portage County Dept. of Human Services.

MEMORANDUM OPINION

DOWD, District Judge.

I. INTRODUCTION

On November 16, 1992,1 the U.S. Court of Appeals for the Sixth Circuit reversed and remanded this Court's prior decision wherein summary judgment had been granted to the plaintiffs on the ground that 7 U.S.C. § 2014(d)(1) required exclusion of utility reimbursements ("UR") from income for purposes of determining food stamp eligibility.

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