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HORNE v. U.S. DEPT. OF AGRICULTURE

No. 10-15270.

673 F.3d 1071 (2011)

Marvin D. HORNE and Laura R. Horne, d.b.a. Raisin Valley Farms, a partnership, and d.b.a. Raisin Valley Farms Marketing Association, a.k.a. Raisin Valley Marketing, an unincorporated association; Marvin D. Horne; Laura R. Horne; Don Durbahn, and the Estate of Rena Durbahn, d.b.a. Lassen Vineyards, a partnership, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2011.

Amended March 12, 2012.

Attorney(s) appearing for the Case

Brian C. Leighton, Clovis, CA, for the plaintiffs-appellants.

Benjamin B. Wagner, United States Attorney, and Benjamin E. Hall, Assistant United States Attorney, Fresno, CA, for the defendant-appellee.

Before: STEPHEN REINHARDT, MICHAEL DALY HAWKINS, and RONALD M. GOULD, Circuit Judges.

OPINION

HAWKINS, Senior Circuit Judge:

This appeal of a United States Department of Agriculture ("USDA") administrative decision asks us to interpret and pass on the constitutionality of a food product reserve program authorized by the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 601 et seq. ("AMAA"), and implemented by the Marketing Order Regulating the Handling of Raisins Produced from Grapes Grown in California, 7 C...

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