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

No. 96-1435.

96 F.3d 542 (1996)

Nancy STRICKLAND, et al., Plaintiffs, Appellants, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant, Appellee, v. SECRETARY, U.S. DEPARTMENT OF AGRICULTURE, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 24, 1996.


Attorney(s) appearing for the Case

Rufus E. Brown, Portland, ME, with whom Jack Comart, Patrick Ende, and Pine Tree Legal Assistance, Inc., Augusta, ME, were on brief, for appellants.

Jennifer H. Zacks, Attorney, Civil Division, Dept. of Justice, Washington, DC, with whom Frank W. Hunger, Assistant Attorney General, Mark B. Stern, Attorney, Civil Division, Dept. of Justice, Washington, DC, and Jay McCloskey, United States Attorney, Bangor, ME, were on brief, for Secretary of Agriculture.

Before SELYA, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.


SELYA, Circuit Judge.

Nearly four centuries ago, an English playwright wrote of a young monarch exhorting his battle-weary comrades to stride "once more unto the breach, dear friends, once more." William Shakespeare, King Henry the Fifth, Act III, Sc. 1, 1.1 (1600). Nancy and Lyle Strickland, the appellants here, issue a similar call, again requesting that this court invalidate a regulation which the Secretary of Agriculture...

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