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ESTEY v. COM'R, MAINE DEPT. OF HUMAN SERVICES

No. 93-1453.

21 F.3d 1198 (1994)

Debra ESTEY, et al., Plaintiffs, Appellants, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Patrick Francis Ende, with whom Pine Tree Legal Assistance, Inc., Augusta, ME, was on brief, for plaintiffs, appellants.

Peter D. Coffman, Washington, DC, with whom Jay P. McCloskey, U.S. Atty., Portland, ME, Frank W. Hunger, Asst. Atty. Gen., Michael Jay Singer and Deborah Ruth Kant, Dept. of Justice, Washington, DC, were on brief, for defendants, appellees.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiffs appeal from a judgment on stipulated facts upholding a policy of the United States Department of Agriculture (USDA) that reduces their food stamp benefits. The district court upheld the USDA policy of counting as income for food stamp purposes the utility reimbursements plaintiffs receive from the Department of Housing and Urban Development (HUD) and from the Farmers Home Administration (FmHA). Estey v. Commissioner, Maine...

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