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GALLO CATTLE CO. v. CALIFORNIA MILK ADVISORY BD.

No. 97-17182.

185 F.3d 969 (1999)

GALLO CATTLE COMPANY, a California Limited Partnership, Plaintiff-Appellant, v. CALIFORNIA MILK ADVISORY BOARD; Ann M. Veneman, in her official capacity as the Secretary of the California Department of Food and Agriculture; State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Decided February 11, 1999.

Opinion Withdrawn July 14, 1999.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Fred M. Isaacs, Follansbee & Associates, Wilsonville, Oregon, and Brian C. Leighton, Clovis, California, for the plaintiff-appellant.

William A. Wineberg, Wineberg, Simmonds & Narita, San Francisco, California, for the defendants-appellees. With him on the brief were Daniel E. Lungren, Attorney General of the State of California, Charles W. Getz, IV, Assistant Attorney General, Mark J. Urban and Tracy L. Winsor, Deputy Attorneys General, Sacramento, California, and Tomio B. Narita, Wineberg, Simmonds & Narita, San Francisco, California, for defendants-appellees.

Before: THOMAS G. NELSON, THOMAS, and SILVERMAN, Circuit Judges.

ORDER

The Opinion filed February 11, 1999, is withdrawn.

OPINION

THOMAS G. NELSON, Circuit Judge.

Gallo Cattle Company ("Gallo") filed an action against the California Milk Producers Advisory Board ("CMAB"); Ann M. Veneman, Secretary of the California Department of Food and Agriculture ("Secretary"); and the State of California (collectively "defendants"), alleging that CMAB's compulsory assessments for the promotion and advertising of...

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