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REESE SALES COMPANY v. HARDIN

No. 25207.

458 F.2d 183 (1972)

REESE SALES COMPANY, Petitioner, v. Clifford M. HARDIN, Secretary of Agriculture, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 20, 1972.

Attorney(s) appearing for the Case

Douglas D. Peters (argued), of Felthous, Brachtenbach, Peters & Schmalz, Selah, Wash., for petitioner.

Thomas J. Press (argued), Alan S. Rosenthal, Patricia S. Baptiste, William D. Ruckelshaus, Asst. Atty. Gen., John Mitchell, Atty. Gen., Washington, D. C., Dean C. Smith, U. S. Atty., Spokane, Wash., for respondent.

Slade Gorton, Atty. Gen., Emanuel E. Rosatto, Asst. Atty. Gen., Olympia, Wash., as amicus curiae for Donald W. Moos, Director of Agriculture for State of Wash.

Before HUFSTEDLER and KILKENNY, Circuit Judges, and SMITH, District Judge.

KILKENNY, Circuit Judge:

Petitioner seeks a review of a final order of the Secretary of Agriculture revoking its license issued pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq.

FACTS

On April 17, 1969, petitioner, a licensed dealer under the Act, was notified by letter that the Department of Agriculture had received numerous complaints about its failure to comply with the provisions of the Act and promptly pay...

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