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NATIONAL WOMEN, INFANTS v. FOOD AND NUTRITION

No. CIV.A.05-2432(EGS).

416 F.Supp.2d 92 (2006)

NATIONAL WOMEN, INFANTS, AND CHILDREN GROCERS ASSOCIATION et al., Plaintiffs, v. FOOD AND NUTRITION SERVICE, Defendant.

United States District Court, District of Columbia.

February 23, 2006.

Attorney(s) appearing for the Case

Arthur Y. Tsien, Philip C. Olsson, Olsson, Frank & Weeda, PC, Washington, DC, for Plaintiffs.

Amy E. Powell, James J. Gilligan, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

SULLIVAN, District Judge.

I. INTRODUCTION

Plaintiffs bring this action to challenge the interim rule issued by defendant Food and Nutrition Service ("FNS"), an agency of the U.S. Department of Agriculture ("USDA"). The interim rule implements provisions of the Special Supplemental Nutrition Program for Women, Infants, and Children ("WIC"). 42 U.S.C. § 1786. Plaintiffs argue that in promulgating the interim...

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