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DELANO FARMS CO. v. CALIFORNIA TABLE GRAPE COMM'N

No. 1:07-CV-01610-LJO-JLT.

940 F.Supp.2d 1229 (2013)

DELANO FARMS COMPANY; Four Star Fruit, Inc.; and Gerawan Farming, Inc., Plaintiffs, v. The CALIFORNIA TABLE GRAPE COMMISSION; United States of America; United States Department of Agriculture; and Tom Vilsack, Secretary of the United States Department of Agriculture (In His Official Capacity), Defendants.

United States District Court, E.D. California.

March 25, 2013.

Attorney(s) appearing for the Case

Brian C. Leighton , Law Offices of Brian C. Leighton, Clovis, CA, Lawrence Milton Hadley , McKool Smith Hennigan , Los Angeles, CA, Ralph B. Wegis , The Law Offices of Ralph B. Wegis, P.C., Bakersfield, CA, for Plaintiff.

Brian Matthew Boynton , Randolph D. Moss , PHV, Deborah Anne Yates , PHV, Leon B. Greenfield , PHV, Thomas Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, John J. Fargo , Department Of Justice, Susan L. C. Mitchell , Govt., United States Department of Justice, Washington, DC, for Defendants.

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 185, 192 & 194)

LAWRENCE J. O'NEILL, District Judge.

I. INTRODUCTION

This case concerns two varieties of table grape (i.e., grapes for fresh consumption), Autumn King and Scarlet Royal, developed and patented by the United States Department of Agriculture ("USDA") as a part of a program partially funded by the California Table Grape Commission...

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