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PESCOSOLIDO v. BLOCK

No. 84-1820.

765 F.2d 827 (1985)

Carl A. PESCOSOLIDO, Marvin Wilson, and Oleah Wilson, partners doing business under the names of Canal Ranch, Madera 240 Ranch, and Panoche Ranch, and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. John BLOCK, Secretary of Agriculture of the United States, and Mildred Thumian Administrator of Agriculture Marketing Service, United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Linda A. Netzer, Victor M. Epport, Epport, Kaseff & Mirman, Beverly Hills, Cal., for plaintiffs-appellants.

Aaron B. Kahn, Atty., U.S. Dept. of Agriculture, Washington, D.C., for defendants-appellees.

Before WALLACE and WIGGINS, Circuit Judges, and WILLIAMS, District Judge.

WALLACE, Circuit Judge:

Carl Pescosolido, Marvin Wilson, and Oleah Wilson (the Growers) brought this action under the Agricultural Marketing Agreement Act of 1937 (the Act), 7 U.S.C. §§ 601-624, seeking to compel the Secretary of Agriculture (the Secretary) to terminate Federal Marketing Order No. 907, 7 C.F.R. Part 907 (1984) (Order 907), and also seeking declaratory relief and damages under the Act. Jurisdiction in the district court was alleged under...

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