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HAVANA POTATOES OF NEW YORK CORP. v. U.S.

No. 604, Docket 97-4053.

136 F.3d 89 (1997)

HAVANA POTATOES OF NEW YORK CORPORATION and Havpo, Inc., Petitioners, v. UNITED STATES of America, United States Department of Agriculture and United States Secretary of Agriculture, Respondents.

United States Court of Appeals, Second Circuit.

Decided December 19, 1997.

Attorney(s) appearing for the Case

Tab K. Rosenfeld, Perlman Rosenfeld & Jacobs, New York City, for Petitioners.

Libbi J. Finelsen, Office of the General Counsel, United States Department of Agriculture, Washington, DC (James Michael Kelly, Associate General Counsel, Margaret M. Breinholt, Acting Assistant General Counsel), for Respondents.

Before: WINTER, Chief Judge, CARDAMONE, Circuit Judge, and POLLACK, District Judge.

WINTER, Chief Judge:

Havana Potatoes of New York Corporation and Havpo, Inc., petition for review of an order of the Secretary of Agriculture revoking petitioners' licenses under the Perishable Agricultural Commodities Act of 1930 ("PACA"), 7 U.S.C. §§ 499a-499t. The Secretary found that petitioners committed willful, flagrant, and repeated violations of Section 2(4) of PACA, 7 U.S.C. § 499b(4), by failing to make prompt payment for produce.

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