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CAL-ALMOND, INC. v. U.S. DEPT. OF AGRICULTURE

Nos. 92-16033, 92-16034, 92-16031 and 92-16527.

14 F.3d 429 (1993)

CAL-ALMOND, INC., a California corporation Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE Defendant-Appellee. CAL-ALMOND, INC., a California corporation, Saulsbury Orchard and Almond Processing, Inc., Carlson Farms, a sole proprietorship Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE Defendant-Appellee. CAL-ALMOND, INC., a California corporation, Gourmet Packing Co., a California corporation, Gold Hills Nut Co., Inc., a California corporation Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE Defendant-Appellee. CAL-ALMOND, INC., a California corporation, Gold Hills Nut Co., Inc., a California corporation Plaintiffs-Appellants, v. UNITED STATES of America Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Brian C. Leighton, Clovis, CA, for plaintiffs-appellants.

Jeffrica Lee, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before: CHOY, SCHROEDER, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Two groups of almond handlers are challenging various provisions of the California Almond Marketing Order, which regulates the California almond handling industry. Both groups challenge the United States Department of Agriculture ("USDA") almond marketing program administered by the California Almond Board (the "Board"). The first group is also separately challenging the assessment imposition procedure used by the Board from 1980 to 1986....

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