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VEG-MIX, INC. v. U.S. DEPT. OF AGRICULTURE

Nos. 85-1771, 86-1201, 86-1202.

832 F.2d 601 (1987)

VEG-MIX, INC., Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE and United States of America, Respondents. KUZZENS, INC., Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE and United States of America, Respondents. Charles M. HARRIS, Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1987.

Attorney(s) appearing for the Case

Alexander J. Pires, Jr., with whom John M. Himmelberg and Jeffrey A. Knishkowy, Washington, D.C., were on the brief, for petitioners.

Aaron B. Kahn, U.S. Dept. of Agriculture, Washington, D.C., for respondents. James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel and Thomas D. Edmondson, U.S. Dept. of Agriculture, Washington, D.C., were on the brief, for respondents.

Before MIKVA, STARR and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

Opinion dissenting in part and concurring in part filed by Circuit Judge MIKVA.

WILLIAMS, Circuit Judge:

The Perishable Agricultural Commodities Act ("PACA") attempts to facilitate interstate commerce in fresh fruits and vegetables. 7 U.S.C. § 499a et seq. (1982 & Supp. III 1985). To help instill confidence in parties dealing with each other on short notice, across state lines and...

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