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WILEMAN BROS. & ELLIOTT, INC. v. ESPY

No. 93-16977.

58 F.3d 1367 (1995)

WILEMAN BROTHERS & ELLIOTT, INC.; Kash, Inc.; Gerawan Farming, Inc.; Asakawa Farms, Inc.; Chiamori Farms, Inc.; Phillips, Inc.; Kobashi Farms, Inc.; Tange Bros., Inc.; Nagao Farms; Nilmeier Farms; Chosen Enterprises; George Huebert Farms; Wilmer Huebert Farms; Kobashi Farms; Nakayama Farms, Inc.; and Mihara Farms, Plaintiffs-Appellants, v. Michael ESPY, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1995.

As Amended on Denial of Rehearing and Rehearing September 18, 1995.

Attorney(s) appearing for the Case

Thomas E. Campagne, Thomas E. Campagne & Associates, Fresno, CA, for plaintiffs-appellants.

Daniel Bensing, Asst. U.S. Atty., Fresno, CA, for defendant-appellee.

Before: TANG and O'SCANNLAIN, Circuit Judges; ROBERT R. MERHIGE, Jr., District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc September 18, 1995.

O'SCANNLAIN, Circuit Judge:

We must delve into one of the more byzantine, and all-encompassing, areas of federal administrative regulation — that governing fruits and vegetables. In the process, we decide whether various regulations governing the size, maturity, and advertising of California tree fruits are arbitrary and capricious or otherwise in violation of the rights of...

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