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STUDT v. UNITED STATES

No. 79-1176.

607 F.2d 1216 (1979)

Wayne STUDT d/b/a Studt's Super Valu, Appellee, v. UNITED STATES of America; Robert Bergland, Secretary of the Department of Agriculture; Food and Nutrition Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Patricia G. Reeves, Atty. App. Staff, Civ. Div., Dept. of Justice, Washington, D.C. (argued), Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Robert D. Hiaring, U.S. Atty., Sioux Falls, S.D., and Robert S. Greenspan, Washington, D.C., on brief, for appellants.

David M. Axtmann, Highmore, S.D., for appellee.

Before HEANEY and ROSS, Circuit Judges, and LARSON, Senior District Judge.

PER CURIAM.

The United States appeals from a decision of the United States District Court, District of South Dakota,1 disqualifying Appellee Wayne Studt from participating in the Food Stamp Program for a period of sixty days. Appellee was found guilty of exchanging non-eligible items for food stamps in violation of the Food Stamp Act of 1977. Appellant claims that the district court erred in reducing the one-year disqualification imposed...

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