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DUNBAR v. GLICKMAN

No. 882, Docket 95-6168.

90 F.3d 681 (1996)

Isamae DUNBAR, Victoria Martinez, Maria Vega, Pamela Dash, Balbina Rodriguez, on behalf of themselves, their infant children, and all others similarly situated, State of New York, Michael J. Dowling, as Commissioner of the New York State Department of Social Services, and New York State Department of Social Services, Plaintiffs-Appellees-Cross-Appellants, v. Dan GLICKMAN, as Secretary of the United States Department of Agriculture, Defendant-Appellant-Cross-Appellee, and Marva Livingston Hammons, as Administrator of the New York City Human Resources Administration, and The City of New York, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City (Helaine Barnett, Attorney-in-Charge, Civil Division, Scott Rosenberg, Director of Litigation, New York City; Marshall Green, Attorney-in-Charge, Bronx Neighborhood Office, Bronx, N.Y., Ian Feldman, of counsel), Mary Fisher Bernet, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Daniel Smirlock, Assistant Attorney General, of counsel), for Plaintiffs-Appellees-Cross Appellants.

Kay K. Gardiner, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Steven M. Haber, Assistant United States Attorney, of counsel), for Defendant-Appellant-Cross-Appellee.

Before: LUMBARD, VAN GRAAFEILAND, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

The Secretary of the United States Department of Agriculture (USDA) appeals from an order of the District Court for the Southern District of New York (Stewart, J.). The court held that the USDA violated the Administrative Procedure Act (APA), 5 U.S.C. § 553, by changing a food stamps policy without providing an explanation or following notice-and-comment rulemaking procedures. The court enjoined the policy and awarded $181 in food...

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