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RUSSELL'S OLD TRADING POST v. U.S.

No. S91-581.

783 F.Supp. 395 (1992)

RUSSELL'S OLD TRADING POST, INC., Plaintiff, v. UNITED STATES of America, ex rel. UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE; DIVISION OF NUTRITION/WIC, Indiana State Board of Health, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

February 5, 1992.

Attorney(s) appearing for the Case

Alan F. Hizer, Winamac, Ind., Frank E. Tolbert, Logansport, Ind., for plaintiff.

Clifford D. Johnson, Asst. U.S. Attys. Office, South Bend, Ind., Deborah E. Albright, Atty. General's Office, Indianapolis, Ind., for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is now before this court on a Verified Motion for Preliminary Injunction. This court has jurisdiction over this matter under 7 U.S.C. § 2023(a). An evidentiary hearing was held on January 8, 1992.

I.

A letter dated January 9, 1991 was sent by the Indiana State Board of Health to Russell's Trading Post, Inc. ("Russell's") advising Russell's that its "authorization to participate...

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