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FOOD SERV. DYNAMICS, INC. v. BERGLAND

Nos. 78C924-78C929.

465 F.Supp. 1178 (1979)

FOOD SERVICE DYNAMICS, INC., Plaintiff, v. Robert BERGLAND, Secretary of Agriculture, Defendant. CHC FOOD SERVICE, INC., Plaintiff, v. Robert BERGLAND, Secretary of Agriculture, Defendant. SCHOOL FEEDING CORP., Plaintiff, v. Robert BERGLAND, Secretary of Agriculture, Defendant.

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

February 23, 1979.

Attorney(s) appearing for the Case

Marcus & Katz, Mineola, N. Y., for plaintiffs by Lawrence K. Katz, Mineola, N. Y.

Edward R. Korman, U. S. Atty., E. D. New York, Brooklyn, N. Y., for defendant by Jan F. Constantine, Asst. U. S. Atty., Brooklyn, N. Y.

MEMORANDUM AND ORDER

NEAHER, District Judge.

These actions arise out of the operation of the National School Lunch Act, 42 U.S.C. § 1751 et seq. and seek release of money held by the State of New York and allegedly due plaintiffs under provisions of the Summer Food Service Programs, 42 U.S.C. § 1761 et seq. ("SFSP"). Jurisdiction is premised solely on the Mandamus Act, 28 U.S.C. § 1361, which provides for original jurisdiction...

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