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FRANK TAMBONE, INC. v. U.S. DEPT. OF AGRICULTURE

No. 94-1291.

50 F.3d 52 (1995)

FRANK TAMBONE, INC., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1995.

Attorney(s) appearing for the Case

Stephen P. McCarron, Washington, DC, argued the cause and filed the briefs, for petitioner.

M. Bradley Flynn, Atty., U.S. Dept. of Agriculture, Washington, DC, argued the cause, for respondents. With him on the brief, was James M. Kelly, Associate Gen. Counsel, U.S. Dept. of Agriculture, Washington, DC. Raymond W. Fullerton, Washington, DC, entered an appearance, for respondents.

Before: WALD, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is a petition for review of final action of the United States Department of Agriculture against Frank Tambone, Inc., pursuant to the Perishable Agricultural Commodities Act, 1930, as amended, 7 U.S.C. §§ 499a-499s (1988 & Supp. IV 1992).

Born in 1925, Frank Tambone has been in the produce business all of his working life. He began selling mushrooms from...

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