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GRANITE NUTRITION COALITION v. BD. OF EDUC., ETC.

No. 81-2259.

711 F.2d 953 (1983)

GRANITE NUTRITION COALITION, et al., Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the GRANITE SCHOOL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 14, 1983.

Attorney(s) appearing for the Case

W. Paul Wharton of Utahns Against Hunger, Salt Lake City, Utah (Utah Legal Services, Inc., Bruce Plenk, Salt Lake City, Utah with him on the brief) for plaintiffs-appellants.

M. Byron Fisher, Salt Lake City, Utah (Charles B. Casper, Terrie T. McIntosh of Fabian & Clendenin, Salt Lake City, Utah, with him on the brief), for Bd. of Educ. and Board Members, defendants-appellees.

Ray Fullerton, Dept. of Justice, Washington, D.C. (Brent D. Ward, U.S. Atty., Ralph H. Johnson, Asst. U.S. Atty., Salt Lake City, Utah, on the brief), for Federal defendant-appellee.

David L. Wilkinson, Atty. Gen. of Utah, John S. McAllister, Asst. Atty. Gen., Salt Lake City, Utah, for State defendants-appellees.

Before SETH, Chief Judge, and McKAY, Circuit Judge, and BRATTON, District Judge.

BRATTON, District Judge.

Plaintiffs represent kindergarten students in the Granite School District of Utah whose families meet the poverty level income guidelines for receipt of free and reduced price lunches under the National School Lunch Act ("NSLA" or "the Act"), 42 U.S.C. §§ 1751-1769a. The defendants are the Board of Education of the District and its individual members, a number of educational officials at the State and local level, and the Secretary...

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