WEBB v. BERGLAND

No. 79-1951.

621 F.2d 594 (1980)

WEBB, William, Individually and Webb, William t/a Webb's Cash and Carry and B. F. T. Wholesale, Inc., Appellants, v. BERGLAND, Bob, Secretary of Agriculture, Department of Agriculture and United States of America.

United States Court of Appeals, Third Circuit.

Decided May 29, 1980.


Attorney(s) appearing for the Case

Alan F. Markovitz, Jed Abramowitz, Markovitz, Brooks & Cantor, Philadelphia, Pa., for appellants.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, App. Div., Gary Tilles, Asst. U. S. Atty., Deputy Chief, Civ. Div., Philadelphia, Pa., for appellees.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) May 20, 1980.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from an order granting summary judgment for the defendants. The district court held that because more than fifty percent of the plaintiffs' food sales consisted of candy and soft drinks, they were not eligible to participate in the United States Department of Agriculture's food stamp program. Inasmuch...

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