Legal Opinion

Sims v. United States Department of Agriculture Food & Nutrition Service

Court of Appeals for the Eighth Circuit

Decided November 2, 1988No. Nos. 88-1381, 88-1454PublishedCited by 2 opinions

1Opinion of the Court

HENLEY, Senior Circuit Judge.

James Sims owns and operates a grocery store in Marvell, Arkansas. He appeals his store’s disqualification from participation in the food stamp program by the United States Food and Nutrition Service (the FNS) for alleged violations of the Food Stamp Act, 7 U.S.C. §§ 2011 — 2030. The FNS imposed a three year disqualification1 on Sims after it determined that his store had a practice of accepting food stamps for nonfood items in violation of 7 U.S.C. § 2021.2

The district court found that the agency’s action was arbitrary and capricious on four different grounds:…

2Cases cited14 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Commissioner v. DubersteinSupreme Court of the United States · 1960
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. Charles M. Modica, D/B/A G & D Grocery v. United StatesCourt of Appeals for the Fifth Circuit · 1975

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. James Sims, Owner of Sims Enterprises v. United States Department of Agriculture Food & Nutrition Service, United States of America. James Sims, Owner of Sims Enterprises v. United States Department of Agriculture Food & Nutrition Service, United States of AmericaCourt of Appeals for the Eighth Circuit · 1988
  2. Pena v. US DEPT. OF AGRICULTUREDistrict Court, E.D. Arkansas · 1992

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