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U.S. v. CAL-ALMOND INC.

Nos. 95-17209, 95-17333.

102 F.3d 999 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. CAL-ALMOND INC., Defendant-Appellee, and Gold Hills Nut Co., Inc.; Del Rio Nut Co. Inc.; James G. Crecilius, dba Monte Vista Farming Company, Defendants. UNITED STATES of America, Plaintiff-Appellant, v. CAL-ALMOND INC.; Gold Hills Nut Co., Inc.; Del Rio Nut Co. Inc.; James G. Crecilius, dba Monte Vista Farming Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Frank W. Hunger and Mark W. Pennak, United States Department of Justice, Washington, DC, for plaintiff-appellant.

Brian C. Leighton, Clovis, CA, for defendant-appellee, Cal-Almond, Inc.

Ronald C. Hillberg, Turlock, CA, for defendant-appellee, Del Rio Nut Company.

Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge.

WIGGINS, Circuit Judge:

The United States appeals the district court's order denying a preliminary injunction requesting enforcement of an almond marketing order promulgated by the Secretary of Agriculture pursuant to the Agricultural Marketing Agreement Act of 1937 ("the Act"). See 7 U.S.C. § 608c. The government also appeals the district court's order requiring the Almond Board to place Appellee Cal-Almond's payment of assessments for the 1992-93 and 1993-94...

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