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LOPEZ v. ESPY

No. 94-15538.

83 F.3d 1095 (1996)

Isabel LOPEZ, Plaintiff-Appellant, v. Michael ESPY, in his official capacity as United States Secretary of Agriculture; Eloise Anderson, as Director of the California State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1996.

As Amended on Denial of Rehearing July 3, 1996.

Attorney(s) appearing for the Case

Gary F. Smith, Legal Services of Northern California, Inc., Woodland, California, for plaintiff-appellant.

Pamela A. Moreau, United States Department of Justice, Washington, DC, Thomas R. Yanger, Deputy Attorney General, Sacramento, California, for defendants-appellees.

Before D. W. NELSON and T. G. NELSON, Circuit Judges, and KING, District Judge.

D. W. NELSON, Circuit Judge:

Isabel Lopez, on behalf of herself and all others similarly situated, seeks to prohibit the Secretary of Agriculture and the Director of the California Department of Social Services from offsetting past erroneous underissuances and overissuances in food stamp allotments against one another when calculating the amount that the state agency must restore to the recipient. The district court denied her petition. Because this policy

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