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DE LA NUECES v. U.S.

No. 91 Civ. 6664 (WCC).

778 F.Supp. 191 (1991)

Manuel DE LA NUECES, d/b/a Superior Grocery, Plaintiff, v. UNITED STATES of America, United States Department of Agriculture, and State of New York, Defendants.

United States District Court, S.D. New York.

November 19, 1991.

Attorney(s) appearing for the Case

Stuart A. Mack, New York City, for plaintiff.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for U.S.; Manvin S. Mayell, Asst. U.S. Atty., of counsel.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, for State of N.Y.; Lisa B. Raphael, Asst. Atty. Gen., of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Plaintiff Manuel De La Nueces brought this action pursuant to 7 U.S.C. § 2023(a) for judicial review of the final determination of the Food and Nutrition Service ("FNS") disqualifying plaintiff's retail food store, Superior Grocery, from participation in the Food Stamp Program of the United States Department of Agriculture ("USDA"). Presently before the Court is plaintiff's motion for a preliminary...

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