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TAYLOR v. U.S. DEPT. OF AGRICULTURE

No. 09-1270.

629 F.3d 241 (2011)

Cheryl A. TAYLOR and Steven C. Finberg, Petitioners v. UNITED STATES DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 2011.

Attorney(s) appearing for the Case

Stephen P. McCarron argued the cause and filed the briefs for petitioners.

Andrew R. Varcoe , Attorney, U.S. Department of Agriculture, argued the cause for respondents. With him on the brief were James Michael Kelly , Associate General Counsel, and Brian J. Sonfield , Assistant General Counsel.

Dissenting opinion filed by Circuit Judge BROWN.

EDWARDS, Senior Circuit Judge:

The Perishable Agricultural Commodities Act ("PACA") requires persons who buy or sell specified quantities of perishable agricultural commodities at wholesale in interstate commerce to have a license issued by the Secretary of Agriculture, see 7 U.S.C. §§ 499a(b)(5)-(7), 499c(a), 499d(a), and makes it unlawful for a licensee to engage in certain types of unfair conduct, see id. § 499b. The statute requires...

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