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THOMAS v. N.C. DEPT. OF HUMAN RESOURCES

No. COA95-1310.

478 S.E.2d 816 (1996)

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, U.S. Department of Agriculture, Dan Glickman, Intervenor-Defendant.

Court of Appeals of North Carolina.

December 17, 1996.

Attorney(s) appearing for the Case

Central Carolina Legal Services, Inc. by Stanley B. Sprague, Greensboro, for plaintiff-appellant.

Attorney General Michael F. Easley by Special Deputy Attorney General Robert J. Blum and Associate Attorney General Elizabeth L. Oxley, for defendant-appellee North Carolina Department of Human Resources.

EAGLES, Judge.

In Anderson I, we determined "that 7 U.S.C.A. § 2015(b)(1) (1991) requires that food stamp disqualification periods begin immediately upon a finding that a violation has been committed." 109 N.C.App. at 682, 428 S.E.2d at 268. In reaching this conclusion, the Anderson I court supplied the following reasoning:

The Food Stamp Act of 1977 provides that: Any person who has...

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