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PMD PRODUCE BROKERAGE v. U.S. DEPT. OF AGRICULTURE

No. 00-1163.

234 F.3d 48 (2000)

PMD PRODUCE BROKERAGE CORP., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2000.

Attorney(s) appearing for the Case

Kevin P. Claffey argued the cause and filed the briefs for petitioner. Paul T. Gentile entered an appearance.

M. Bradley Flynn, Attorney, U.S. Department of Agriculture, argued the cause for respondent. With him on the brief were James Michael Kelly, Associate General Counsel, and Margaret M. Breinholt, Acting Assistant General Counsel.

Before: WILLIAMS, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

PMD Produce Brokerage Corporation challenges the dismissal, as untimely, of its appeal of an administrative law judge's decision that it violated the Perishable Agricultural Commodities Act, 7 U.S.C. §§ 499a-s ("PACA").1 PMD contends that the Secretary of Agriculture's Rules of Practice Governing Formal Adjudicatory Proceedings, see 7 C...

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