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CAL-ALMOND INC. v. U.S. DEPT. OF AGR.

No. 98-16921.

192 F.3d 1272 (1999)

CAL-ALMOND INC.; Gold Hills Nut Company Inc.; Frazier Nut Farms Inc.; Bal Nut Inc.; Central Valley Grower Packing; Hocker Nut Farm; Jardine Organic Ranch; Rotteveel Orchards; Theron Shamochian Inc.; Beards Quality Nut Co.; Amaretto Orchards; Carlson Farms, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1999.

Attorney(s) appearing for the Case

Brian C. Leighton (argued), Clovis, California, for the plaintiffs-appellants.

Daniel Bensing (argued), United States Department of Justice, Washington, D.C., for the defendant-appellee.

Before: REINHARDT, O'SCANNLAIN and W. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an almond marketing order violates the First Amendment by imposing mandatory assessments on individual almond handlers to fund collective generic almond promotion.

I

Cal-Almond, Inc., et al. (collectively "Cal-Almond"), are almond handlers subject to an almond marketing order ("Almond Order") issued by the United States Department of Agriculture ("USDA") pursuant to the Agricultural Marketing Agreement...

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