Falin v. Shalala, 91-2386

Decision Date30 September 1993
Docket NumberNo. 91-2386,91-2386
Citation6 F.3d 207
PartiesNorma R. FALIN, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services; Larry Jackson, in his official capacity as Commissioner of the Virginia Department of Social Services, Defendants-Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; James R. Spencer, District Judge. (CA-91-196-R).

Martin Douglas Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, VA, argued, for appellant.

William Markley Reinhart, Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health & Human Services, Philadelphia, PA, argued (Eileen Bradley, Chief Counsel, Region III, Michael Leonard, Supervisory Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health & Human Services, Philadelphia, PA, Debra J. Prillaman, Asst. U.S. Atty., Richmond, VA, on brief), for Federal appellee.

Pamela M. Reed, Asst. Atty. Gen., Richmond, VA, argued (Mary Sue Terry, Atty. Gen. of Va., on brief), for State appellee.

Before WIDENER, Circuit Judge, SPROUSE, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

PER CURIAM:

We have considered the record in this case, the briefs of the parties and oral argument and are of opinion that the judgment of the district court should be affirmed.

Accordingly, we affirm on the well-reasoned opinion of the district court. Falin v. Sullivan, 776 F.Supp. 1097 (E.D.Va.1991).

AFFIRMED.

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9 cases
  • Gamboa v. Rubin
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 9, 1996
    ...v. Shalala, 44 F.3d 399 (6th Cir.1995); Champion v. Shalala, 33 F.3d 963 (8th Cir.1994) (Heany, J., dissenting); Falin v. Shalala, 6 F.3d 207 (4th Cir.1993) (per curiam), cert. denied, --- U.S. ----, 114 S.Ct. 1551, 128 L.Ed.2d 200 (1994). We agree with these courts that the $1500 limit was......
  • Brown v. Secretary of Health and Human Services
    • United States
    • U.S. Court of Appeals — First Circuit
    • May 4, 1994
    ...upheld it. Champion v. Shalala, 33 F.3d 963 (8th Cir.1994); Falin v. Sullivan, 776 F.Supp. 1097 (E.D.Va.1991), aff'd per curiam, 6 F.3d 207 (4th Cir.1993), cert. denied, --- U.S. ----, 114 S.Ct. 1551, 128 L.Ed.2d 200 (1994). Four district courts have also upheld the regulation. Noble v. Sha......
  • Lamberton v. Shalala
    • United States
    • U.S. District Court — District of Arizona
    • July 7, 1994
    ...1309, 1323 (D.Me. 1987). Other courts have disagreed, however. Falin v. Sullivan, 776 F.Supp. 1097 (E.D.Va.1991), aff'd per curiam, 6 F.3d 207 (4th Cir.1993); Gamboa v. Rubin, et al., Case No. 92-00397 (D. Hawaii 1993); Hall, et al. v. Towey, et al., Case No. 93-1780-CIV-T-21B (M.D.Fla.1993......
  • Frederick v. Shalala
    • United States
    • U.S. District Court — Western District of New York
    • September 1, 1994
    ...there was a substantial correlation between the two groups. Falin v. Sullivan, 776 F.Supp. 1097, 1101 (E.D.Va. 1991), aff'd, 6 F.3d 207 (4th Cir.1993) (per curiam), cert. denied, ___ U.S. ___, 114 S.Ct. 1551, 128 L.Ed.2d 200 (1994). He also found that food-stamp recipients were, on average,......
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