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BIDART BROS. v. THE CALIFORNIA APPLE COM'N

No. 95-15084.

73 F.3d 925 (1996)

BIDART BROTHERS, a California corporation, Plaintiff-Appellee, v. THE CALIFORNIA APPLE COMMISSION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1996.

Attorney(s) appearing for the Case

Dale A. Stern and Robert S. Hedrick, Kahn, Soares & Conway, Sacramento, California, for the appellant.

Brian C. Leighton, Clovis, California, for the appellee.

Before: WIGGINS and LEAVY, Circuit Judges and REAL, District Judge.

WIGGINS, Circuit Judge:

The California Apple Commission ("the Commission"), created by a majority vote of California Apple producers, pursuant to California Food & Agriculture Code §§ 75501 et seq., assesses a fee of one-fourth cent per pound of apples marketed on all producers of more than 40,000 pounds of California apples per year. The assessments are used predominantly to promote the sale of California apples. Bidart Brothers ("Bidart"), a...

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