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WILLIAMSPORT PURVEYORS v. U.S. DEPT. OF AGRICULTURE

No. 90-3060.

916 F.2d 82 (1990)

WILLIAMSPORT PURVEYORS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 28, 1990.

Attorney(s) appearing for the Case

Richard A. Gahr, Gahr & Sholder, Williamsport, Pa., for petitioner.

Ellen R. Hornstein, U.S. Dept. of Agriculture, Office of General Counsel, Washington, D.C., for respondent.

Before STAPLETON, COWEN and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) August 21, 1990.

OPINION OF THE COURT

COWEN, Circuit Judge.

Petitioner Williamsport Purveyors, Inc. ("Purveyors") appeals from an Order of the Secretary of the United States Department of Agriculture (the "Secretary") denying Purveyors a license under the Perishable Agricultural Commodities Act, 7 U.S.C.A. § 499a (1980), et seq., as amended ("PACA"). The Secretary denied Purveyors'

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