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SHVARTSMAN v. APFEL

No. 97-3364.

138 F.3d 1196 (1998)

Sarra SHVARTSMAN, et al., Plaintiffs-Appellants, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, and Daniel R. Glickman, Secretary of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1998.

Attorney(s) appearing for the Case

John M. Bouman (argued), National Clearinghouse for Legal Services, Inc., Chicago, IL, Linton Joaquin, National Immigration Law Center, Los Angeles, CA, Herb Simmel, National Senior Citizens Law Center, Los Angeles, CA, Sue Augustus, SSI Coalition for a Responsible Safety Net, Chicago, IL, for Plaintiffs-Appellants.

Jacob M. Lewis (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, Mark Stern, Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Before POSNER, Chief Judge, and BAUER and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, only U.S. citizens are eligible to receive Food Stamps. The plaintiffs in this case are permanent resident aliens who received Food Stamps prior to the statute's effective date and whose applications for U.S. citizenship are pending with the Immigration and Naturalization Service (INS). They argue that the transition...

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