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PETRY v. BLOCK

Nos. 82-1804, 82-1840 and 82-1884.

697 F.2d 1169 (1983)

Joanna PETRY, et al. v. John BLOCK, Secretary of Agriculture, et al., Appellants. Joanna PETRY, et al. v. John BLOCK, Secretary of Agriculture, et al., Appellants. Joanna PETRY, et al., Appellants, v. John BLOCK, Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1983.

Attorney(s) appearing for the Case

Nicholas S. Zeppos, Atty., Dept. of Justice, with whom Stanley S. Harris, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants in 82-1804 and 82-1840, and cross-appellees in 82-1884.

Kathleen A. McKee, Alexandria, Va., for appellees in 82-1804 and 82-1840, and cross-appellants in 82-1884.

Barbara Milstein, Washington, D.C., was on the brief for amici curiae, urging affirmance.

Before GINSBURG and SCALIA, Circuit Judges, and GESELL, Judge, United States District Court for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

The Secretary of Agriculture appeals a preliminary injunction ordered by the District Court setting aside an interim regulation promulgated by the Secretary pursuant to a recent amendment to the Department's Child Care Food Program (CCFP). See 42 U.S.C. § 1766 et seq. (1976). The sole issue on appeal is whether the District Court misinterpreted the meaning and effect of the amendment in setting aside the regulation...

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