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WAYNE CUSIMANO, INC. v. BLOCK

No. 81-4397.

692 F.2d 1025 (1982)

WAYNE CUSIMANO, INC., Petitioner, v. John R. BLOCK, Secretary, United States Department of Agriculture, Respondent.

United States Court of Appeals, Fifth Circuit.

December 6, 1982.

Attorney(s) appearing for the Case

Peter D. Derbes, New Orleans, La., for petitioner.

Margaret M. Breinholt, U.S. Dept. of Agriculture, Washington, D.C., for respondent.

Before WISDOM, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

This petition is for judicial review of the administrative revocation of a produce dealer's license issued to him under the Perishable Agricultural Commodities Act ("the Act"), 7 U.S.C. §§ 499a et seq. The principal issue concerns the constitutional validity of a provision of the Act that permits unannounced, warrantless searches and examination, section 13(a), (b), 7 U.S.C. § 499m(a), (b), of a dealer's records and accounts...

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