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GALLO CATTLE CO. v. U.S. DEPT. OF AGRICULTURE

No. 97-15198.

159 F.3d 1194 (1998)

GALLO CATTLE COMPANY, a California limited partnership, Plaintiff-Appellant, v. THE UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1998.

Attorney(s) appearing for the Case

Brian C. Leighton, Clovis, California, for plaintiff-appellant.

Mark W. Pennak, United States Department of Justice, Washington, D.C., for defendant-appellee.

Before: FLETCHER, T.G. NELSON, Circuit Judges, and WHALEY, District Judge.

WHALEY, District Judge:

Gallo Cattle Company appeals the district court's dismissal of its Complaint for lack of subject matter jurisdiction. Gallo, a milk producer required under federal law to pay assessments to the National Dairy Promotion and Research Board, is currently challenging the constitutionality of these assessments in an ongoing administrative proceeding before the Secretary of Agriculture. In the administrative proceeding Gallo sought permission to...

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