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SEQUOIA ORANGE CO. v. YEUTTER

No. 91-15241.

973 F.2d 752 (1992)

SEQUOIA ORANGE CO., Plaintiff-Appellee, v. Clayton YEUTTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1992.

Attorney(s) appearing for the Case

Michael E. Robinson, Dept. of Justice, Washington, D.C., for defendant-appellant.

James A. Moody, Washington, D.C., and Brian C. Leighton, Fresno, Cal., for plaintiff-appellee.

Before: FLETCHER, POOLE, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

The Secretary of Agriculture appeals the district court's decision to invalidate amendments to a marketing order because the Secretary did not comply with the Administrative Procedure Act. We affirm.

FACTS

Under the Agricultural Marketing Agreement Act ("AMAA") the Secretary of Agriculture has authority to implement marketing orders regulating the sale and delivery of certain agricultural...

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