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BALICE v. U.S. DEPT. OF AGRICULTURE

No. 98-16766.

203 F.3d 684 (2000)

Vito BALICE, individually and as the Agent of O.R.C. Company, Plaintiff-Appellant, v. U.S. DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2000.

Attorney(s) appearing for the Case

Brian C. Leighton, Clovis, California, for the plaintiff-appellant.

M. Bradley Flynn, United States Department of Agriculture, Washington, D.C., for the defendant-appellee.

Before: GRAAFEILAND, ALARCON, and SILVERMAN, Circuit Judges.

ALARCON, Circuit Judge:

Vito Balice ("Balice") appeals from the district court's final order affirming the judicial officer's ("JO") decision to assess a $225,500 civil penalty against him pursuant to § 608c(14)(B) of the Agricultural Marketing Agreement Act of 1937 ("AMAA"). The JO assessed a civil penalty of $9,500 individually against Balice and a civil penalty of $216,000 jointly and severally against Balice and his two uncles, Onofrio Calabrese and Rocco...

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