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CAPITAL PRODUCE CO., INC. v. U.S.

No. 90-1732.

930 F.2d 1077 (1991)

CAPITAL PRODUCE COMPANY, INCORPORATED, Petitioner, v. UNITED STATES of America; Clayton Yeutter, Secretary, U.S. Department of Agriculture, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1991.

As Amended June 4, 1991.

Attorney(s) appearing for the Case

Stephen Donald Langhoff, argued (Bret S. Wacker, Langhoff & Wacker, P.C., on brief), Baltimore, Md., for petitioner.

Jeffrey Alan Knishkowy, argued (James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Margaret M. Breinholt, Deputy Asst. Gen. Counsel, Office of the Gen. Counsel, U.S. Dept. of Agriculture, on brief), Washington, D.C., for respondents.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

Capital Produce Company, Inc. (Capital) has petitioned for review of the Administrative Decision and Order of the Judicial Officer, Donald Campbell, of the United States Department of Agriculture rendered on February 5, 1990. The Judicial Officer ruled that Capital violated Section 2(7) of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499a, et seq., by causing or permitting a substitution in the contents of...

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