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  5. 756 F.Supp. 1351 (1991)
 

CAL-ALMOND, INC. v. YEUTTER

No. CIV. S-90-1313-WBS.

756 F.Supp. 1351 (1991)

CAL-ALMOND, INC., Plaintiff, v. Clayton YEUTTER, as the Secretary of Agriculture; The United States Department of Agriculture; The Almond Board of California, an administrative agency, Defendants.

United States District Court, E.D. California.

February 14, 1991.

Attorney(s) appearing for the Case

Brian C. Leighton, Fresno, Cal., for plaintiff.

Kevin M. Simpson, Thomas Millet, Dept. of Justice, Washington, D.C., Joyce A. Vermeersch, Asst. U.S. Atty., Sacramento, Cal., for defendants.

MEMORANDUM AND ORDER

SHUBB, District Judge.

This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R. Civ.P. 12(b)(1), based on plaintiff's failure to exhaust its administrative remedies. The matter was heard and submitted on January 28, 1991.

I

PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff ("Cal-Almond") is an almond "handler" as defined in the Almond Marketing...

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