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HY CHAN BANH v. U.S.

No. 85-6470.

814 F.2d 1358 (1987)

HY CHAN BANH, dba Hoa My Market, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1987.

Attorney(s) appearing for the Case

Mobley M. Milam, San Diego, Cal., for plaintiff-appellee.

Mary T. Koehmstedt, Washington, D.C., for defendant-appellant.

Before WRIGHT, FERGUSON and O'SCANNLAIN, Circuit Judges.

FERGUSON, Circuit Judge:

Defendant Food and Nutrition Service ("FNS") appeals the district court's order setting aside the FNS's decision to impose a five-year fine on plaintiff Hy Chan Banh, owner of Hoa My Market, for violating the federal food stamp program. The district court limited FNS to imposing a one-year fine. We reverse.

I.

Plaintiff/Appellee Hy Chan Banh operates a retail grocery store, Hoa My Market ("market"), in Long Beach, California...

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