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COM. OF MASS. BY DEPT. OF PUBLIC WELFARE v. YEUTTER

No. 91-1226.

947 F.2d 537 (1991)

COMMONWEALTH OF MASSACHUSETTS by its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellant, v. Clayton YEUTTER, Secretary United States Department of Agriculture, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 23, 1991.

Rehearing Denied December 3, 1991.

Attorney(s) appearing for the Case

Jon Laramore, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, Boston, Mass., for appellant.

Margaret H. Plank, with whom Marleigh D. Dover, Attys., Civil Div., Dept. of Justice, Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., and Wayne A. Budd, U.S. Atty., Boston, Mass., were on brief, for appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and HILL, Senior Circuit Judge.

BOWNES, Senior Circuit Judge.

The Commonwealth of Massachusetts (the "Commonwealth") appeals the district court's ruling that the Secretary of Agriculture (the "Secretary") acted within his authority in withholding funding for the Commonwealth's administration of its Food Stamp Employment and Training ("FSET") program for the Fiscal Year ("FY") 1989. The district court granted the Secretary's motion for summary judgment,...

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