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ALLRED'S PRODUCE v. U.S. DEPT. OF AGRICULTURE

No. 98-60187.

178 F.3d 743 (1999)

ALLRED'S PRODUCE, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Fifth Circuit.

July 1, 1999.

Attorney(s) appearing for the Case

Mark William Romney, Boswell & Kober, Dallas, TX, Kelly Elizabeth DeBerry, Boswell & Kober, Fort Worth, TX, for Petitioner.

Stephen Michael Reilly, Washington, DC, for Respondent.

Before POLITZ, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner Allred's Produce ("Allred's") appeals a final order of the Secretary of Agriculture revoking its license under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a-499s, for willful, repeated, and flagrant failure to make full payment promptly to various sellers of perishable agricultural commodities. Allred's contends that the Secretary's findings and sanction were arbitrary and capricious, that...

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