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G & T TERMINAL PACKAGING CO. v. DEPT. OF AGRICULTURE

Docket No. 05-5634-ag.

468 F.3d 86 (2006)

G & T TERMINAL PACKAGING CO., INC. & Tray-Wrap, Inc., Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 3, 2006.

Attorney(s) appearing for the Case

Linda Strumpf (Sarah R. Smetana, on the brief), New Canaan, CT, for Petitioners.

Stephen M. Reilly, Senior Counsel, Office of the General Counsel (James Michael Kelly, Acting General Counsel and Margaret M. Breinholt, Assistant General Counsel, on the brief), U.S. Department of Agriculture, Washington, D.C., for Respondent.

Before: MESKILL, SOTOMAYOR, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

The matter at hand calls upon us to interpret the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499b, et seq., specifically, to determine whether a PACA licensee bears an implied duty to refrain from paying illegal gratuities to a United States Department of Agriculture ("USDA") inspector, and the scope of the circumstances that constitute "reasonable cause" for the breach of such a duty.

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