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SIMS v. U.S. DEPT. OF AGRIC. FOOD & NUTRITION SERV.

Nos. 88-1381, 88-1454.

860 F.2d 858 (1988)

James SIMS, Owner of Sims Enterprises, Appellee, v. UNITED STATES DEPARTMENT OF AGRICULTURE FOOD & NUTRITION SERVICE, Appellant. United States of America. James SIMS, Owner of Sims Enterprises, Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE FOOD & NUTRITION SERVICE, Appellee. United States of America.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1988.

Attorney(s) appearing for the Case

Rick Richmond, Washington, D.C., for appellant.

L.T. Simes, II, West Helena, Ark., for appellee.

Before JOHN R. GIBSON, Circuit Judge, and BRIGHT and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge.

James Sims owns and operates a grocery store in Marvell, Arkansas. He appeals his store's disqualification from participation in the food stamp program by the United States Food and Nutrition Service (the FNS) for alleged violations of the Food Stamp Act, 7 U.S.C. §§ 2011 — 2030. The FNS imposed a three year disqualification1 on Sims after it determined that his store had a practice of accepting...

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