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RAMIREZ v. SECRETARY OF AGRICULTURE

No. 82-1416.

712 F.2d 150 (1983)

Juan Francisco RAMIREZ and Jovita G. Ramirez, Plaintiffs-Appellees, v. SECRETARY OF AGRICULTURE and United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Barbara L. Herwig, Civ. Div., Appellate Staff, Dept. of Justice, Aaron B. Kahn, Raymond W. Fullerton, Attys., Office of Gen. Counsel, Washington, D.C., for defendants-appellants.

George A. McAlmon, Raymond C. Caballero, El Paso, Tex., for plaintiffs-appellees.

Before INGRAHAM, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Secretary of Agriculture appeals from a judgment of the district court overturning the Food and Nutrition Service's decision to disqualify an El Paso, Texas grocery store from participating in the food stamp program for six months. Finding that the district court erred in concluding that the agency's sanction was arbitrary and capricious and in then substituting a shorter disqualification period and a civil penalty, we reverse...

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