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EXPORTAL LTDA v. U.S.

No. 89-1068.

902 F.2d 45 (1990)

EXPORTAL LTDA., Mario Fantuzzi, and Jesus Villasante, Petitioners, v. UNITED STATES of America and Clayton Yeutter, Secretary of Agriculture, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Walter H. Lion, New York City, for petitioners.

Raymond W. Fullerton, Asst. Gen. Counsel, Dept. of Agriculture, with whom James Michael Kelly, Associate Gen. Counsel, Margaret M. Breinholt, Deputy Asst. Gen. Counsel, and Ellen R. Hornstein, Dept. of Agriculture, Washington, D.C., were on the brief, for respondents.

Before WALD, Chief Judge, and MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case, petitioner, Exportal Ltda. ("Exportal"), a Chilean fruit producer, challenges a decision of the Secretary of Agriculture ("Secretary") declining to waive a bond requirement in connection with a reparation proceeding sought to be initiated by petitioner. Department of Agriculture ("DOA") regulations provide that the bond requirement "shall be waived" if a foreign...

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