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JOHNSTON ON BEHALF OF JOHNSTON v. ELLENBECKER

Civ. No. 87-3022.

692 F.Supp. 1099 (1988)

Trudie C. JOHNSTON, on Behalf of Rebecca JOHNSTON, Isaac Johnston, Elizabeth Johnston, William Johnston, and Daniel Johnston, minors, on behalf of themselves and all others similarly situated, Plaintiffs, v. James ELLENBECKER, Secretary of the South Dakota Department of Social Services, and the Agents, Employees, and Successors of the same, and Richard Lyng, Secretary of the United States Department of Agriculture, and the Agents, Employees, and Successors of the same, Defendants.

United States District Court, D. South Dakota, C.D.

August 10, 1988.

Attorney(s) appearing for the Case

Mark Falk, Larry Plank, Black Hills Legal Services, Rapid City, S.D., for plaintiffs.

Mark Bratt, Asst. Atty. Gen., Office of Legal Services/D.S.S., Pierre, S.D., for State defendant.

David L. Zuercher, Asst. U.S. Atty., Pierre, S.D., for Federal defendant.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Dear Counsel:

Cross motions for summary judgment have been filed in this action raising the question of whether state rules and federal regulations on the imposition of sanctions for individuals who intentionally violate provisions of the Food Stamp Program violate the Food Stamp Act. Specifically, the plaintiffs challenge the State of South Dakota's...

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