BADWAN v. UNITED STATES

No. 75-1343.

541 F.2d 1388 (1976)

Muhammad BADWAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 7, 1976.

Rehearing Denied October 14, 1976.


Attorney(s) appearing for the Case

Richard C. Lonnquist, of Hoffman, Goldstein, Armour & Lonnquist, Denver, Colo., for plaintiff-appellant.

Douglas D. Doane, Asst. U. S. Atty. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and MORRIS, District Judge.


LEWIS, Chief Judge.

The facts in this case may be simply stated. Azmai Badwan was the operating manager of a small food store in Denver, Colorado. Between 40 and 50 percent of the store's sales were paid for by customers using government food stamps. Plaintiff Muhammad Badwan owned the store but spent the greater part of his time at other stores owned by him. The Badwans were cousins.

On April 21, 1971, an agent of the Department of Agriculture, O'Keefe, approached...

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