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O'BRYANT v. IDAHO DEPT. OF HEALTH AND WELFARE

Civ. Nos. 93-0020-S-HLR, 93-0057-S-HLR.

841 F.Supp. 991 (1993)

Cindy O'BRYANT, Appellant, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, Respondent, and Michael Espy, Secretary, United States Department of Agriculture, Intervenor Respondent.

United States District Court, D. Idaho.

December 23, 1993.

Attorney(s) appearing for the Case

Angela Jensen, Idaho Legal Aid Services, Inc., Pocatello, ID, Chuck Sheroke, Idaho Legal Aid Services, Inc., Coeur d'Alene, ID, for appellant.

Larry Echohawk, Atty. Gen., State of Idaho, Brent E. Asay, Deputy Atty. Gen., Health and Welfare Div., Pocatello, ID, Edward C. Lockwood, Deputy Atty. Gen., Department of Health & Welfare, Coeur d'Alene, ID, for respondent.

Frank W. Hunger, Asst. Atty. Gen., Maurice O. Ellsworth, U.S. Atty., Marc Haws, Asst. U.S. Atty., Boise, ID, Thomas Millet, John R. Niemeyer, Federal Programs Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for intervenor respondent.

ORDER AFFIRMING DECISIONS AND DISMISSING ACTIONS

RYAN, Senior District Judge.

I. FACTS AND PROCEDURE

This consolidated1 action arises from two appeals from administrative decisions issued by Idaho's Department of Health and Welfare (IDHW) which essentially conclude that utility reimbursements (URs) received under the United States Housing Act, 42 U.S.C. § 1401, et seq., should be counted as...

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