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O'DAY v. GEORGE ARAKELIAN FARMS, INC.

No. 73-1361.

536 F.2d 856 (1976)

Leonard O'DAY, dba Leonard O'Day Company, Petitioner-Appellant, v. GEORGE ARAKELIAN FARMS, INC., a California Corporation, Respondent-Appellee, UNITED STATES of America, Intervenor.

United States Court of Appeals, Ninth Circuit.

May 27, 1976.

Attorney(s) appearing for the Case

David Victor (argued), Phoenix, Ariz., for petitioner-appellant.

Joseph L. Moore (argued), of Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for respondent-appellee.

Barbara Herwig, Atty. (argued), Dept. of Justice, Washington, D. C., for intervenor.

Before TUTTLE, MERRILL, and BROWNING, Circuit Judges.

BROWNING, Circuit Judge:

Appellant challenges the constitutionality of the provision of the Perishable Agricultural Commodities Act of 1930, 7 U.S.C. § 499g(c), requiring a double bond to effectuate an appeal to a district court from a reparations award entered by the Secretary of Agriculture. The district court upheld the requirement. We reverse.

The principal purpose of the Perishable Agricultural Commodities Act is "to provide a practical remedy to...

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