Rural Alaska Community Action Program v. Jeff Smith

847 F.2d 535 RURAL ALASKA COMMUNITY ACTION PROGRAM, Plaintiff-Appellant, v. Jeff SMITH, as Acting Commissioner, Department of Community and Regional Affairs, State of Alaska; Otis R. Bowen, Secretary, U.S. Department of Health and Human Services, Defendants-Appellees. No. 87-3887. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1988. Decided May 23, 1988. Eric Smith, Anchorage, Alaska, for plaintiff-appellant. Marjorie L. Odland, Asst. Atty. Gen., Juneau, Alaska, Kathryn Warma, Sp. Asst. U.S. Atty., Seattle, Wash., for defendants-appellees. James L. Feldesman, Klores, Feldesman and Tucker, Washington, D.C., for the amicus curiae National Community Action Foundation. Appeal from the United States District Court for the District of Alaska. Before BROWNING, Chief Judge, NORRIS and O'SCANNLAIN, Circuit Judges. NORRIS, Circuit Judge: 1 Rural Alaska Community Action Program ("Rural Alaska") appeals a summary judgment in favor of state and federal officials and agencies responsible for Alaska's Community Services Block Grant (CSBG) program. Rural Alaska seeks a declaration that a 1986 amendment to Alaska's CSBG program plan is void because the state failed to…