Legal Opinion · Dissent

LaRue v. Swoap

California Court of Appeal

Decided September 19, 1975No. Civ. 14745Published

1DissentFriedman, Acting P. J.

I dissent. The appeal presents three principal questions: (1) whether petitioners are entitled to retroactive relief in *556the form of downward adjustment in the price of future food stamp allotments as a means of curing erroneous past deprivations; (2) whether the California courts have jurisdiction to grant this relief through this mandamus action against the state Director of Benefit Payments and (3) whether the federal Department of Agriculture is an indispensable party to the action. I would answer the first two questions in the affirmative, the third in the negative.

As a matter of…

2Cases cited4 opinions

  1. Stewart v. ButzDistrict Court, W.D. Kentucky · 1973
  2. Gloria Stewart, Etc. v. Earl L. Butz, Secretary of Agriculture, and Gail Huecker, Commissioner of the Kentucky Department of Economic SecurityCourt of Appeals for the Sixth Circuit · 1974
  3. Carter v. ButzCourt of Appeals for the Third Circuit · 1973
  4. Bermudez v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 1973

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