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BOGGS v. YEUTTER

Civ. A. No. 2:89-0853.

726 F.Supp. 1055 (1989)

Michael BOGGS and Madeline Fay Sizemore, individually and on behalf of all others similarly situated, Plaintiffs, v. Clayton YEUTTER, Secretary of the U.S. Department of Agriculture; Taunja Willis Miller, Secretary of the West Virginia Department of Health and Human Services; and Phyllis Carter, Commissioner of the Division of Human Services, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

August 7, 1989.

Attorney(s) appearing for the Case

Bruce G. Perrone, Legal Aid Soc. of Charleston, and John C. Purbaugh, W.Va. Legal Services Plan, Inc., Charleston, W.Va., for plaintiffs.

Don Hall, Asst. Atty. Gen., and Michael W. Carey, U.S. Atty., and Kurt Entsminger, Asst. U.S. Atty., Charleston, W.Va., for defendants.

MEMORANDUM OPINION

DENNIS R. KNAPP, District Judge.

This matter comes before the Court on the motion for summary judgment filed by defendant, Clayton Yeutter, Secretary of the United States Department of Agriculture (Secretary). On July 14, 1989, this Court entered a Temporary Restraining Order prohibiting the defendants from implementing the Secretary's decision to include the West Virginia clothing voucher as income for the purpose of determining food...

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