WILEMAN BROS. & ELLIOTT, INC. v. GIANNINI

No. 88-15731.

909 F.2d 332 (1990)

WILEMAN BROS. & ELLIOTT, INC., Frank Thomas Elliott, Jr., dba Elliott Farms, Frank Thomas Elliott III, Kash, Inc., Rodney Chang, and Edward Ogawa, Plaintiffs-Appellants, v. Leroy GIANNINI, Giannini Packing Corporation, Virgil Rasmussen, Ballantine Produce Co., Inc., Patrick Pinkham, and Gary Van Sickle, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Thomas E. Campagne, Fresno, Cal., for plaintiffs-appellants.

Mark E. Cullers, Asst. U.S. Atty., Fresno, Cal., for defendants-appellees.

Before WIGGINS and NOONAN, Circuit Judges, and TASHIMA, District Judge.


TASHIMA, District Judge:

BACKGROUND

Appellants (plaintiffs) are growers of nectarines and plums who also pack, ship, and market their fruit and that of other growers. Under the Agricultural Marketing Agreement Act of 1937 (the "Act"), 7 U.S.C. § 601 et seq., therefore, they are both "producers" and "handlers." 7 U.S.C. § 608c(1). Appellees (defendants) are nectarine and plum producers who compete with plaintiffs, and who served either as...

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