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BRUNO'S, INC. v. UNITED STATES

No. 79-1194.

624 F.2d 592 (1980)

BRUNO'S, INC., a corporation, Birmingham, Jefferson County, Alabama, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified October 3, 1980.

Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Elizabeth Todd Campbell, Asst. U. S. Atty., Birmingham, Ala., for defendant-appellant.

Sirote, Permutt, Friend, Freidman, Held & Apolinsky, Jack E. Held, F. Timothy McAbee, Birmingham, Ala., for plaintiff-appellee.

Before COLEMAN, Chief Judge, RONEY and GARZA, Circuit Judges.

COLEMAN, Chief Judge.

This action arises under 7 U.S.C. § 2020 et seq. Bruno's grocery store challenges the Department of Agriculture's 60-day suspension of its right to redeem food stamps. The District Court found that Bruno's had violated the Food Stamps Act but ruled that the 60-day suspension was arbitrary and capricious. It directed that the 60-day sanction be reduced to a written warning. The Department of Agriculture appeals and we affirm.

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