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MERCER v. ESPY

No. S89-243.

883 F.Supp. 300 (1995)

Mary MERCER, et al., Plaintiffs, v. Mike ESPY, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

March 24, 1995.

Attorney(s) appearing for the Case

Harolyn A. Dutt, Lowell Kent Hull, Legal Services Program of Northern Indiana, South Bend, IN, and Greta S. Friedman, Yandt and Friedman, LaPorte, IN, for plaintiffs.

Clifford D. Johnson, Office of the U.S. Atty., South Bend, IN, and Clifford D. Johnson, and Pamela Carter, Indiana Attys. Gen., Indianapolis, IN, for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

I. Procedural History

Plaintiffs filed their complaint in this case under 42 U.S.C. § 1983 in 1989 contesting an Indiana program which intercepted the tax refunds of persons who had been overpaid food stamps. In 1993, this court granted plaintiffs' motion for partial summary judgment, on the grounds that the notices were unlawful and that the...

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