GARCIA v. CONCANNON

No. 94-35457.

67 F.3d 256 (1995)

Yvonne GARCIA and Kathleen Zellar, Plaintiffs-Appellants, v. Kevin W. CONCANNON, Director of the Oregon Department of Human Resources, in his official capacity; and Mike Espy, Secretary of United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1995.


Attorney(s) appearing for the Case

James F. Young, Oregon Legal Services, Coos Bay Oregon Legal Service, Coos Bay, OR, and Karen A. Berkowitz, Multnomah County Legal Aid Services, Portland, OR, for plaintiffs-appellants.

Janis C. Kestenbaum, United States Department of Justice, Washington, DC, for defendant-appellee Mike Espy.

Jas. J. Adams, Assistant Attorney General, Salem, OR, for defendant-appellee Concannon.

Before: SCHROEDER, REINHARDT and FERNANDEZ, Circuit Judges.


SCHROEDER, Circuit Judge:

This litigation concerns the validity of regulations promulgated by the Secretary of the United States Department of Agriculture, and the Director of the Oregon Department of Human Resources, to implement the antifraud provisions of the Food Stamp Act, 7 U.S.C. § 2015. The statute provides that any person found guilty of violating the Food Stamp Act "shall, immediately upon the rendering of such determination, become ineligible for further...

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