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VASUDEVA v. U.S.

No. 98-35726.

214 F.3d 1155 (2000)

Satya VASUDEVA; Shakuntala W. Vasudeva, dba 7-Eleven; Michael Belay; Saba Belay, dba 7-Eleven; The Southland Corporation, dba 7-Eleven, Plaintiffs-Appellants, v. UNITED STATES of America, Michael Espy, Secretary of Agriculture; Daniel R. Glickman, Secretary of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2000.

Attorney(s) appearing for the Case

Richard C. Tallman, David A. Zapolsky (argued), and Ann-Marie Schwartz, Bogle & Gates, Seattle, Washington, for the plaintiffs-appellants.

Christine Kohl (argued), Barbara C. Biddle, Carl E. Goldfarb, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

We must decide whether the regulation governing civil monetary penalties in lieu of permanent disqualification for trafficking in food stamps, 7 C.F.R. § 278.6(j), complies with the Administrative Procedure Act, comports with substantive due process, and was applied in this case against owners of three 7-11 stores in the Seattle area consistent with the Excessive Fines Clause of the Eighth Amendment.1 The district...

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