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CECELIA PACKING CORP. v. U.S. DEPT. OF AGRICULTURE

No. 92-15671.

10 F.3d 616 (1993)

CECELIA PACKING CORPORATION, a California corporation, Plaintiff, Harris Farms, Inc., a California corporation; Kencarol, Inc., a California corporation; John Doe One; John Doe Two, a California corporation; and John Doe Three, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE/AGRICULTURAL MARKETING SERVICE; Sunkist Growers, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 22, 1993.

Attorney(s) appearing for the Case

James A. Moody, Washington, DC, Brian C. Leighton, Fresno, CA, for plaintiffs-appellants.

Robert M. Loeb, U.S. Dept. of Justice, Washington, DC; Michael H. Bierman, Tuttle & Taylor, Los Angeles, CA, for defendants-appellees.

James S. Krzyminski, Washington, DC, for amicus curiae.

Before: SNEED, POOLE, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

This case involves Constitutional challenges to 7 U.S.C. § 608c(12) (1988), the provision of the Agriculture Marketing Agreement Act of 1937 ("AMAA") that requires the Secretary of Agriculture to consider the vote of a producer-cooperative association in a marketing order referendum as representing the votes of all the association's member-producers. The district court dismissed the complaint pursuant...

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