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KIRBY v. U.S. DEPT. OF AGRICULTURE

No. 99-1505.

256 F.3d 830 (2001)

KIRBY PRODUCE COMPANY, INC., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2001.

Attorney(s) appearing for the Case

Paul T. Gentile argued the cause for petitioner. With him on the briefs was Kevin P. Claffey.

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

Before: WILLIAMS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Kirby Produce Company, Inc. petitions for review of an order of the Department of Agriculture, which revoked its license as a merchant of perishable agricultural products for not promptly paying for fruit and vegetable shipments, in violation of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. § 499a et seq. The Agriculture Department revoked Kirby's license...

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