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BOWEN v. BLOCK

No. 81-1303.

667 F.2d 445 (1982)

Mr. James BOWEN, James and Peggy's Inc., d/b/a Bowen Open Air Market, Appellees, v. John R. BLOCK, Secretary of Agriculture, United States of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1982.

Rehearing and Rehearing Denied March 15, 1982.

Attorney(s) appearing for the Case

Carlene V. McIntyre, Civ. Div., Dept. of Justice, Washington, D. C. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., James L. Blackburn, U. S. Atty., Raleigh, N. C., Michael Kimmel, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellant.

Trawick H. Stubbs, Jr., New Bern, N. C. (Stubbs & Chesnutt, New Bern, N. C., on brief), for appellees.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and SPROUSE, Circuit Judge.

Rehearing and Rehearing En Banc Denied March 15, 1982.

SPROUSE, Circuit Judge:

John R. Block, Secretary of Agriculture, appeals from the judgment rendered by a magistrate of the United States District Court for the Eastern District of North Carolina,1 modifying the penalty imposed against James Bowen, the owner of a North Carolina retail food store, for violation of three Food Stamp Program regulations, 7 C.F.R. §§ 270...

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