THOMAS v. NORTH CAROLINA DEPT. OF HUMAN RESOURCES

Civ. No. 2:94CV00185.

898 F.Supp. 315 (1995)

Sherry D. THOMAS, both individually and on behalf of all other persons similarly situated, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Defendant, and Secretary, United States Department of Agriculture, Mike Espy, Intervenor-Defendant.

United States District Court, M.D. North Carolina, Greensboro Division.

May 3, 1995.


Attorney(s) appearing for the Case

Stanley B. Sprague, Brenda Bergeron, Central Carolina Legal Services, Inc., Greensboro, NC, for Sherry D. Thomas.

Elizabeth Oxley, N.C. Department of Justice, Raleigh, NC, for North Carolina Department of Human Resources.

John W. Stone, Jr., Office of U.S. Attorney, Greensboro, NC, Thomas Millet, Civil Division, Dept. of Justice, Federal Programs Branch, Washington, DC, John Koch, Office of General Counsel, Department of Agriculture, Washington, DC, Jessica A. Lerner, Civil Division, Dept. of Justice, Federal Programs Branch, Washington, DC, for United States Department of Agriculture, Mike Espy, Secretary.


MEMORANDUM OPINION

BULLOCK, Chief Judge.

In this case this court is asked to determine the effect of a North Carolina Court of Appeals decision on the subsequent actions of a state agency. As discussed below, the court will not reach this issue because of a lack of subject matter jurisdiction.

I. FACTS

A. History of the Present Case

In August 1989, the North Carolina Department of Human Resources ("NCDHR"), through a hearing...

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