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CAPLES v. YEUTTER

Civ. No. 4-89-196.

721 F.Supp. 1065 (1989)

Roxanne CAPLES, Sandra White, individually and on behalf of all others similarly situated, and Laura Cook, parent and natural guardian for her minor children, Michael Layne, Oliver Vaughan, Jason Layne, Elliott Cook, Jr., and Felicia Cook, Plaintiffs, v. Clayton YEUTTER, Secretary of the United States Department of Agriculture, and Sandra Gardebring, Commissioner of the Minnesota Department of Human Services, Defendants.

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

September 25, 1989.

Attorney(s) appearing for the Case

Mark Bohnhorst, Martha Eaves, Southern Minnesota Regional Legal Services, St. Paul, Minn. Charles Thomas, Mankato, Minn., for plaintiffs.

Hubert H. Humphrey, III, Minnesota Atty. Gen., and Patricia Sonnenberg, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant Gardebring.

Jerome G. Arnold, U.S. Atty., and Kenneth W. Saffold, Asst. U.S. Atty., Minneapolis, Minn. (John Daugherty, of counsel, U.S. Dept. of Agriculture, Washington, D.C.), for defendant Yeutter.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

The issue before the Court is whether the decision by the Secretary of Agriculture to treat payments made to secured crisis shelters under Minn.Stat. § 256D.05, subd. 3, as income to the beneficiaries for the purpose of determining food stamp eligibility violates the Food Stamp Act and its implementing regulations. The plaintiff class and defendant Clayton Yeutter, United States Secretary of Agriculture...

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