Gloria Stewart, Etc. v. Earl L. Butz, Secretary of Agriculture, and Gail Huecker, Commissioner of the Kentucky Department of Economic Security

Sixth Circuit

Gloria Stewart, Etc. v. Earl L. Butz, Secretary of Agriculture, and Gail Huecker, Commissioner of the Kentucky Department of Economic Security

491 F.2d 165, 1974 U.S. App. LEXIS 10388

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 25, 1974

Docket73-1558

StatusPublished

Cited by20 cases

This text of 491 F.2d 165 (Gloria Stewart, Etc. v. Earl L. Butz, Secretary of Agriculture, and Gail Huecker, Commissioner of the Kentucky Department of Economic Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gloria Stewart, Etc. v. Earl L. Butz, Secretary of Agriculture, and Gail Huecker, Commissioner of the Kentucky Department of Economic Security, 491 F.2d 165, 1974 U.S. App. LEXIS 10388 (6th Cir. 1974).

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Opinion

PER CURIAM.

Mrs. Gloria Stewart filed this class action, alleging that she was denied her right to purchase food stamps during the month of May 1972, for the stated reason that she had purchased an amount of food stamps in excess of her quota for the preceding month. There is no dispute on the record before this court that Mrs. Stewart was wrongfully denied the right to purchase food stamps during the month in question. The District Court ordered the Secretary of Agriculture to provide Mrs. Stewart with retroactive food stamp credits. The same relief was granted to any member of her class (recipients of food stamps in the Western District of Kentucky), upon establishing a right thereto.

The only question on appeal is whether the Secretary of Agriculture or the Commonwealth of Kentucky must pay for the stamps. The District Court held that the Secretary must provide the stamps and that there is no liability on the part of the Commonwealth of Kentucky. The Secretary appeals.

Two Circuits, in cases cited below, have resolved this issue against the Secretary of Agriculture. At the time of oral arguments in the present case on November 30, 1973, petitions for certiorari in both of these cases were pending before the Supreme Court. The attorney for the Secretary stated to this court that denial of certiorari by the Supreme Court in these two pending cases, would be dispositive of the issue on the present appeal. On December 10, 1973, the Supreme Court denied certiorari in both of said cases.

Accordingly, the judgment of the District Court is affirmed insofar as it adjudged liability against the Secretary of Agriculture. Carter v. Butz, 479 F.2d 1084 (3rd Cir.), cert. denied, 414 U.S. 1103, 94 S.Ct. 737, 38 L.Ed.2d 559 (1973); Butz v. Bermudez, 490 F.2d 718 (D.C.Cir.), cert. denied, 414 U.S. 1104, 94 S.Ct. 737, 38 L.Ed.2d 559 (1973). In Bermudez the class was nationwide. When that decision became final on denial of certiorari, it governs the present ease.

The stay order heretofore entered as to members of the class is dissolved.

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PER CURIAM.

Mrs. Gloria Stewart filed this class action, alleging that she was denied her right to purchase food stamps during the month of May 1972, for the stated reason that she had purchased an amount of food stamps in excess of her quota for the preceding month. There is no dispute on the record before this court that Mrs. Stewart was wrongfully denied the right to purchase food stamps during the month in question. The District Court ordered the Secretary of Agriculture to provide Mrs. Stewart with retroactive food stamp credits. The same relief was granted to any member of her class (recipients of food stamps in the Western District of Kentucky), upon establishing a right thereto.

The only question on appeal is whether the Secretary of Agriculture or the Commonwealth of Kentucky must pay for the stamps. The District Court held that the Secretary must provide the stamps and that there is no liability on the part of the Commonwealth of Kentucky. The Secretary appeals.

Two Circuits, in cases cited below, have resolved this issue against the Secretary of Agriculture. At the time of oral arguments in the present case on November 30, 1973, petitions for certiorari in both of these cases were pending before the Supreme Court. The attorney for the Secretary stated to this court that denial of certiorari by the Supreme Court in these two pending cases, would be dispositive of the issue on the present appeal. On December 10, 1973, the Supreme Court denied certiorari in both of said cases.

Accordingly, the judgment of the District Court is affirmed insofar as it adjudged liability against the Secretary of Agriculture. Carter v. Butz, 479 F.2d 1084 (3rd Cir.), cert. denied, 414 U.S. 1103, 94 S.Ct. 737, 38 L.Ed.2d 559 (1973); Butz v. Bermudez, 490 F.2d 718 (D.C.Cir.), cert. denied, 414 U.S. 1104, 94 S.Ct. 737, 38 L.Ed.2d 559 (1973). In Bermudez the class was nationwide. When that decision became final on denial of certiorari, it governs the present ease.

The stay order heretofore entered as to members of the class is dissolved.

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491 F.2d 165, 1974 U.S. App. LEXIS 10388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gloria-stewart-etc-v-earl-l-butz-secretary-of-agriculture-and-gail-ca6-1974.

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