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STATE THROUGH DEPT. OF HEALTH, ETC. v. BERGLAND

Civ. A. No. 79-388-A.

531 F.Supp. 118 (1982)

STATE of Louisiana, Through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES v. Robert BERGLAND, Secretary, United States Department of Agriculture.

United States District Court, M. D. Louisiana, Civil Division.

January 29, 1982.

Attorney(s) appearing for the Case

Thomas H. Matuschka, Atty. for Dept. of Health and Human Resources, Baton Rouge, La., for plaintiff.

Shelly C. Zwick, Asst. U. S. Atty., Baton Rouge, La., for defendant.

JOHN V. PARKER, Chief Judge.

This action arises as the aftermath of a burglary of and theft from a food stamp issuing office in New Orleans. The court must decide where the cost of the stolen stamps falls, upon the State of Louisiana, which had custody of them, or upon the national government, which issued them in the first place. In doing so, the court must pass upon the authority of the Secretary of Agriculture to promulgate...

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