COM. OF MASS., DPW v. SECRETARY OF AGRICULTURE

No. 92-1539.

984 F.2d 514 (1993)

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellant, v. SECRETARY OF AGRICULTURE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 22, 1993.

Order Denying Rehearing and Rehearing March 9, 1993.


Attorney(s) appearing for the Case

Douglas H. Wilkins, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., Boston, MA, was on brief, for appellant.

Arvid E. Roach, II, with whom Virginia G. Watkin, Thomas H. Odom, and Covington & Burling, Washington, DC, were on brief, for States of Ala., Cal., Fla., Ga., Ill., Ky., La., Neb., Ohio, Okl., West Va. and Wis., amici curiae.

Deborah Ruth Kant, Atty., Civ. Div., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, A. John Pappalardo, U.S. Atty., Boston, MA, and Barbara C. Biddle, Atty., Civ. Div., Washington, DC, were on brief, for appellees.

Before SELYA, Circuit Judge, HIGGINBOTHAM, Senior Circuit Judge, and CYR, Circuit Judge.


Order Denying Rehearing and Rehearing En Banc March 9, 1993.

SELYA, Circuit Judge.

In federal fiscal year (FY) 1982, lasting from October 1, 1981 through September 30, 1982, the Commonwealth of Massachusetts distributed food stamps far exceeding the margin of error allowable under applicable federal regulations. Consequently, Food and Nutrition Service (FNS), the branch of the United States Department of Agriculture responsible for overseeing the food stamp...

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