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OTTO v. BLOCK

No. 81-2232.

693 F.2d 472 (1982)

Michael OTTO, Sr., Plaintiff-Appellee, v. John R. BLOCK, Secretary of Agriculture of the United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1982.

Attorney(s) appearing for the Case

M. Lawrence Wells, Asst. U.S. Atty., Litigation Div., U.S. Dept. of Agriculture, Tyler, Tex., Raymond W. Fullerton, Asst. Gen. Counsel, Judith A. Wenker, Atty., James Michael Kelly, Associate Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., for defendant-appellant.

Robert E. Barron, John Stevens, Port Arthur, Tex., for plaintiff-appellee.

Before BROWN, RUBIN and REAVLEY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In November of 1978, the Food and Nutrition Service (FNS), an agency of the United States Department of Agriculture, disqualified Mike's Food Store (Mike's), in Port Arthur, Texas, from participation in the Food Stamp Program for one year. This order followed an investigation during which Mike's was caught red-handed accepting food stamps as payment for ineligible items.1 After an unsuccessful administrative...

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