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AVOCADOS PLUS INC. v. VENEMAN

No. 03-5086.

370 F.3d 1243 (2004)

AVOCADOS PLUS INCORPORATED, et al., Appellants, v. Ann M. VENEMAN, in her official capacity as Secretary of the United States Department of Agriculture, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2004.

Attorney(s) appearing for the Case

Dale E. McNiel argued the cause for appellants. With him on the briefs was Tracey M. Price.

Julie M. Carpenter was on the brief for amicus curiae DKT Liberty Project in support of reversal.

August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Douglas N. Letter, Counsel.

Richard T. Rossier was on the brief for appellees Charlie Wolk, et al.

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Hass Avocado Promotion, Research, and Information Act, 7 U.S.C. §§ 7801-7813, authorizes the Department of Agriculture to collect assessments from avocado growers and importers and to transfer the assessments to a board charged with promoting domestic consumption of avocados of the Hass variety. Two importers of avocados and two importers of avocado products sued...

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