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MELVIN BEENE PRODUCE CO. v. AGRICULTURAL MARKETING SERVICE

No. 82-3826.

728 F.2d 347 (1984)

MELVIN BEENE PRODUCE COMPANY, Petitioner, v. The AGRICULTURAL MARKETING SERVICE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Thomas E. Ray, argued, Chattanooga, Tenn., for petitioner.

U.S. Dept. of Agr. Marketing, Virginia Strasser, James Michael Kelly, argued, Washington, D.C., for respondent.

Before KENNEDY, MARTIN and CONTIE, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Melvin Beene Produce Company (Beene) appeals a revocation of its license under the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. § 499a et seq. The Secretary of Agriculture's revocation of Beene's license resulted from a complaint, filed on August 31, 1981, alleging that Beene had violated 7 U.S.C. § 499b(4) by failing to make full and prompt payment to fourteen sellers for some 227 lots of perishable...

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