U.S. v. RIVERBEND FARMS, INC.

No. 87-2326.

847 F.2d 553 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. RIVERBEND FARMS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1988.


Attorney(s) appearing for the Case

Thomas E. Campagne and Brian C. Leighton, The Law Firm of Thomas E. Campagne, Fresno, Cal., for defendant-appellant.

R. Steven Lapham, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before CHOY, SNEED and HUG, Circuit Judges.


CHOY, Circuit Judge:

OVERVIEW

Riverbend Farms, Inc. ("Riverbend") appeals from the decision of the district court ordering civil forefeiture pursuant to 7 U.S.C. § 608a(5). Riverbend argues that: 1) Title 7 U.S.C. § 608a(7) requires the Secretary of Agriculture ("Secretary") to conduct an administrative hearing prior to commencement of a forfeiture proceeding; 2) it is immune from penalties for overshipments that occurred while it had an administrative...

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