STATE THROUGH DEPT. OF HEALTH, ETC. v. Bergland

JOHN V. PARKER, Chief Judge.

This action arises as the aftermath of a burglary of and theft from a food stamp issuing office in New Orleans. The court must decide where the cost of the stolen stamps falls, upon the State of Louisiana, which had custody of them, or upon the national government, which issued them in the first place. In doing so, the court must pass upon the authority of the Secretary of Agriculture to promulgate a regulation which fixes strict liability upon the states for such losses, must consider the reasonableness of a presumption of redemption included in the regulation…