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METZER v. LYNG

Civ. No. 6-86-932.

687 F.Supp. 454 (1987)

Marge METZER, on behalf of herself and all others similarly situated, Plaintiffs, v. Richard LYNG, Secretary of the United States Department of Agriculture; and Sandra Gardebring, Commissioner, Minnesota Department of Human Services, Defendants.

United States District Court, D. Minnesota, Sixth Division.

June 26, 1987.

Attorney(s) appearing for the Case

Ann Cofell, St. Cloud, Minn., St. Cloud Area Legal Services, for Marge Metzer, et al.

John Docken, Office of General Counsel, U.S. Dept. of Agr., Washington, D.C., for Richard Lyng, Secretary of the U.S. Dept. of Agr.

Patricia Sonnenberg, Sp. Asst. Atty. Gen., St. Paul, Minn., for Sandra Gardebring, Comm'r, Minnesota Dept. of Human Services.1

MEMORANDUM AND ORDER

RENNER, District Judge.

Before the Court is the federal defendant's motion to dismiss for failure to state a claim and the plaintiffs' cross-motion for partial summary judgment.2 After a hearing held on May 27, 1987, the Court took the matters under advisement.

FACTS

By complaint filed in October, 1986, plaintiffs seek declaratory judgment and monetary relief. Named plaintiff Metzer challenges...

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