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UNITED FOODS, INC. v. U.S.

No. 98-6436.

197 F.3d 221 (1999)

UNITED FOODS, INC., Plaintiff-Appellant, v. UNITED STATES of America; United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 1999.

Attorney(s) appearing for the Case

Bradley A. MacLean (argued and briefed), Tara L. Swafford (briefed), Farris, Warfield & Kanaday, Nashville, Tennessee, for Plaintiff-Appellant.

Barbara C. Biddle (briefed), August E. Flentje (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Defendants-Appellees.

Before: MERRITT and CLAY, Circuit Judges; ALDRICH, District Judge.

OPINION

MERRITT, Circuit Judge.

In this case of compelled, commercial speech challenged under the First Amendment, the Department of Agriculture requires the plaintiff, a mushroom producer, to contribute funds for advertising mushrooms, on a regional basis, as authorized by the Mushroom Promotion, Research, and Consumer Information Act of 1990, 7 U.S.C. § 6101 et seq.1 The District Court upheld the Act and the government...

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