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SAULSBURY ORCHARDS & ALMOND PROCESSING v. YEUTTER

No. 87-2955.

917 F.2d 1190 (1990)

SAULSBURY ORCHARDS AND ALMOND PROCESSING, INC., Plaintiff-Appellant, v. Clayton K. YEUTTER, individually and as Secretary of Agriculture; John Block, individually and as former Secretary of Agriculture; the Almond Board of California, an administrative agency; Peggy Leong, individually and as Manager of the Almond Board of California; Pete Yamamoto; Roger Baccigalupi; Steve Easter; Walt Payne; Frank Clement; Sam Lewis, Col., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 15, 1988.

Resubmitted August 22, 1989.

Decided October 29, 1990.

Attorney(s) appearing for the Case

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

John F. Daly, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before FLETCHER, BEEZER and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Saulsbury Orchards, an almond handler, brought an action challenging the constitutionality of an almond marketing order promulgated by the Secretary of Agriculture under the Agricultural Marketing Agreement Act. The district court dismissed the complaint for failure to exhaust administrative remedies under the Act.

I

Congress enacted the Agricultural Marketing Agreement Act ("Act") in 1937. See 7 U.S.C. §&...

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