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VALKERING, U.S.A., INC. v. U.S. DEPT. OF AGRICULTURE

No. 94-1632.

48 F.3d 305 (1995)

VALKERING, U.S.A., INC., a Corporation, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1995.

Attorney(s) appearing for the Case

William J. Klimisch, Yankton, SD, argued, for petitioner.

Stephen M. Reilly, Office of Gen. Counsel, of Washington, DC, argued, for respondents.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Valkering, U.S.A., Inc. appeals from a decision and order rendered by the Secretary of the United States Department of Agriculture in favor of the USDA which assessed Valkering a civil penalty of $14,500. The Secretary assessed the penalty for Valkering's involvement in nineteen horticultural shipments, totaling over 7,800 trees, in violation of the Plant Quarantine Act, 7 U.S.C. §§ 161, 162 (1988), the Federal Plant...

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