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BROAD STREET FOOD MARKET, INC. v. UNITED STATES

No. 83-1261.

720 F.2d 217 (1983)

BROAD STREET FOOD MARKET, INC., Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 2, 1983.

Attorney(s) appearing for the Case

Daniel Bensing, Atty., Appellate Staff, Civil Div., Dept. of Justice, with whom J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., and Michael Kimmel, Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C., were on brief, for appellant.

Thomas H. Quinn, Jr., Providence, R.I., with whom Quinn & Shechtman, Providence, R.I., was on brief, for appellee.

Before CAMPBELL, Chief Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal from a district court order, 555 F.Supp. 1319, setting aside a one-year disqualification from the food stamp program and mandating a civil money penalty instead.

The Food and Nutrition Service ("FNS") of the Department of Agriculture is charged with enforcing the Food Stamp Act. Because of the high rate of food stamp redemption at the Broad Street Food Market ("the Market...

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