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FARLEY AND CALFEE v. DEPT. OF AGRICULTURE

No. 90-70274.

941 F.2d 964 (1991)

FARLEY AND CALFEE, INC., Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1991.

Attorney(s) appearing for the Case

Con P. Lynch, Douglas, Dickey & Lynch, Salem, Or., for petitioner.

Ellen R. Hornstein, U.S. Dept. of Justice, Washington, D.C., for respondent.

Before ALARCON, FERGUSON and CYNTHIA HOLCOMB HALL, Circuit Judges.

FERGUSON, Circuit Judge:

Farley and Calfee, Inc. (F & C), petitions this court for review of the Department of Agriculture's decision and order finding that it violated the Perishable Agricultural Commodities Act. Specifically, the petitioner disputes the Judicial Officer's reversal of the Administrative Law Judge's decision to backdate its disciplinary order. Backdating the order had the effect of insulating Roy Farley, 100% stockholder and president of Farley...

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