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DOE v. INDIANA STATE BD. OF EDUC.

Civ. No. L 78-28.

550 F.Supp. 1204 (1982)

Jane DOE, John Doe, Sally Doe, and Jill Doe, individually, on behalf of their minor children, and on behalf of a class of persons in the State of Indiana similarly situated, Plaintiffs, v. INDIANA STATE BOARD OF EDUCATION; Harold H. Negley, in his official capacity as State Superintendent of Public Instruction; Lafayette School Corporation Board of School Trustees; individually and as representative of all public school Boards of School Trustees in the State of Indiana; Robert E. Kessler, in his official capacity as Superintendent of the Lafayette School Corporation and as representative of all public school superintendents in the State of Indiana; Tippecanoe School Corporation Board of School Trustees; individually and as representative of all public school Boards of School Trustees in the State of Indiana; Theodore Kawalski, in his official capacity as Superintendent of the Tippecanoe School Corporation and as representative of all public school superintendents in the State of Indiana, Defendants.

United States District Court, N.D. Indiana, Hammond Division at Lafayette.

November 10, 1982.

Attorney(s) appearing for the Case

William C. Fee, Lafayette, Ind., Ivan Bodensteiner, Valparaiso, Ind., Lewis Lessem, South Bend, Ind., for plaintiffs.

Linley E. Pearson, Atty. Gen. of Ind., Indianapolis, Ind., E. Kent Moore, Paul E. Ewan, Lafayette, Ind., for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is presently before the Court on plaintiffs' Petition for Order to Show Cause filed on August 4, 1982. On August 19, 1982, the parties stipulated that the only material issue in dispute is whether the guidelines outlined in the defendants' memo of June 18, 1982 or the food stamp eligibility standard found at 7 U.S.C. § 2014(c)(2) is the correct eligibility standard for schoolbook assistance pursuant...

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