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KULKIN v. BERGLAND

No. 80-1093.

626 F.2d 181 (1980)

Donald KULKIN, etc., Plaintiff, Appellant, v. Robert BERGLAND et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 15, 1980.

Attorney(s) appearing for the Case

Constance A. Fitzgerald, Boston, Mass., with whom DiMento & Sullivan, Boston, Mass., was on brief, for plaintiff, appellant.

Charles K. Mone, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL and BOWNES, Circuit Judges, and DAVIS, Judge, U.S. Court of Claims.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiff, president of The Brothers Supermarket, Inc., challenges his store's one-year disqualification from participation in the food stamp program. Disqualification resulted from the Department of Agriculture's determination that non-food items had been purchased with food stamps in violation of the Food Stamp Act. Pursuant to 7 U.S.C. § 2023 (Supp. I 1977), plaintiff brought a complaint in the district court seeking a trial...

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