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COUNTY PRODUCE, INC. v. U.S. DEPT. OF AGRICULTURE

No. 119, Docket 96-4027.

103 F.3d 263 (1997)

COUNTY PRODUCE, INC., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 10, 1997.

Attorney(s) appearing for the Case

Harold James Pickerstein, Bonnie L. Amendola, Trager and Trager, P.C., Fairfield, CT, of counsel, for Petitioner.

M. Bradley Flynn, Attorney, Office of the General Counsel, U.S. Department of Agriculture, James Michael Kelly, Associate General Counsel, Margaret M. Breinholt, Acting Assistant General Counsel, Office of the General Counsel, U.S. Department of Agriculture, Washington, DC, of counsel, for Respondent.

Before: MINER and PARKER, Circuit Judges, and RESTANI, Judge.

PARKER, Circuit Judge:

Petitioner County Produce, Inc. ("County Produce") petitioned for review of the final order of the Secretary of Agriculture, which upheld the Administrative Law Judge's Initial Decision and Order revoking County Produce's license under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a-499s. The issue is whether the Secretary's decision to uphold the revocation of County Produce's license was supported by substantial...

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