Legal Opinion

State of California v. John R. Block, Secretary of the United States Department of Agriculture

Court of Appeals for the Ninth Circuit

Decided November 18, 1981No. 78-3645PublishedCited by 19 opinions

1Opinion of the Court

KENNEDY, Circúit Judge:

This case involves an attempt by the Secretary of Agriculture to collect money from the State of California for alleged misadministration of the food stamps program. Section 10(g) of the Food Stamp Act of 1964 provided that if a state had been guilty of gross negligence or fraud in the administration of the program, the Secretary could demand return of monies to the federal government. The major issue for our consideration is whether a regulation, 39 Fed.Reg. 26,005 (1974), codified at 7 C.F.R. § 271.7(a) (Appendix to 7 C.F.R. § 276 (1980)), was within the Secretary’s…

2Cases cited12 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  5. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973

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3Cited by19 opinions

  1. Robert S. Robertson v. Dean Witter Reynolds, Inc.Court of Appeals for the Ninth Circuit · 1984
  2. Bell v. New JerseySupreme Court of the United States · 1983
  3. Reynolds v. GiulianiCourt of Appeals for the Second Circuit · 2007
  4. Marion J. Woods, Director of the State Department of Social Services v. United StatesCourt of Appeals for the Ninth Circuit · 1984
  5. Reynolds v. GiulianiDistrict Court, S.D. New York · 2000

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