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KENTUCKY FRIED CHICKEN OF CLEVELAND, INC. v. UNITED STATES

No. 71-1960.

449 F.2d 255 (1971)

KENTUCKY FRIED CHICKEN OF CLEVELAND, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 1971.

Attorney(s) appearing for the Case

H. M. Ray, U. S. Atty., Oxford, Miss., Herbert H. Margolis, Civil Div., Dept. of Justice, Alan S. Rosenthal, James C. Hair, Jr., Dept. of Justice, Washington, D.C., for defendant-appellant.

Ney M. Gore, Jr., Marks, Miss., Harvey T. Ross, Clarksdale, Miss., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The single question presented by this appeal is whether the Secretary of Agriculture acted beyond the scope of his authority under the Food Stamp Act of 19641 in denying the application to participate as a "retail food store" in the Food Stamp Program filed by Kentucky Fried Chicken of Cleveland, Inc. (Kentucky Fried). If approved as a participant, Kentucky Fried would be authorized to receive stamps issued by the...

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