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COOK v. ESPY

Civ. A. No. 2:94-0050.

856 F.Supp. 1095 (1994)

Jerry COOK, et al., Plaintiffs, v. Michael ESPY, in his official capacity as Secretary of Agriculture, United States Department of Agriculture, et al., Defendants.

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

June 27, 1994.

Attorney(s) appearing for the Case

Michael Miskowiec, W.Va. Legal Services Plan, Inc., Charleston, WV, for plaintiffs.

John Koch, Dept. of Agr., Washington, DC, Rebecca A. Betts, U.S. Atty., Carol A. Casto, Asst. U.S. Atty., S.D.W.Va., Charleston, WV, Frank Hunger, Colleen Grzeweskowiak, Thomas Millet, Dept. of Justice, Civ. Div. Washington, DC, for defendant Espy.

Emily A. Mead, Asst. Atty. Gen., Office of the Atty. Gen., Charleston, WV, for defendant Lewis.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

This case tests the legality of an aspect of the United States Department of Agriculture's ("USDA") administration of its food stamp program barring from participation in the program those who own modern equivalents of "welfare Cadillacs." See 1977 U.S.C.C.A.N. 1971, 2067. The controlling issue is under what circumstances a motor vehicle may qualify as an "inaccessible resource" and thus not...

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