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CARLSON v. U.S.

No. 88-2866.

879 F.2d 261 (1989)

David CARLSON, d/b/a Liberty Supermarket, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Susan G. Feibus, Chicago, Ill., for David Carlson dba Liberty supermarket.

Mark A. Flessner, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Nancy K. Needles, Asst. U.S. Atty., Chicago, Ill., for U.S.

Before CUDAHY, COFFEY, and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

This case centers on a decision by the United States Department of Agriculture (the "Department") to disqualify the plaintiff's store from participation in the Food Stamp Program for a period of five years. Plaintiff argues that this action was arbitrary and capricious because it was inconsistent with the applicable federal regulatory scheme. The district court, although it characterized the penalty...

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