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LEXINGTON SUPERMARKET v. U.S. DEPT. OF AGRICULTURE

No. C-3-99-60.

84 F.Supp.2d 886 (1999)

LEXINGTON SUPERMARKET, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE and Ohio Department of Health, Defendants.

United States District Court, S.D. Ohio, Western Division.

June 1, 1999.

Attorney(s) appearing for the Case

Mitchell W. Allen, Allen & Crossley LPA, Lebanon, OH, for Lexington Supermarket Inc., plaintiff.

Pamela M. Stanek, United States Attorney's Office, Dayton, OH, for Department of Agriculture, United States of America, defendant.

Socrates H. Tuch, Ohio Attorney General, Health & Human Services Section, Columbus, OH, of Ohio Dept. of Health, defendant.

DECISION AND ENTRY CONDITIONALLY SUSTAINING THE MOTION OF DEFENDANT OHIO DEPARTMENT OF HEALTH TO DISMISS, PURSUANT TO FED.R.CIV.P. 12(B)(1) (DOC. # 1); FURTHER PROCEDURES ORDERED OF DEFENDANT

RICE, Chief Judge.

On September 10, 1997, Plaintiff Lexington Supermarket, Inc. ("Lexington"), entered into a relationship with the Ohio Department of Health as a retail vendor under the Special Supplemental Nutrition Program for Women, Infants and Children's Program...

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