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BAMA TOMATO CO. v. U.S. DEPT. OF AGRICULTURE

No. 95-6778.

112 F.3d 1542 (1997)

BAMA TOMATO COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Eleventh Circuit

May 29, 1997.

Attorney(s) appearing for the Case

Hartley B. Martyn, Joseph P. McCafferty, Mark A. Amendola, Martyn & Associates, Cleveland, OH, for Appellant.

Barbara S. Good, M. Bradley Flynn, U.S. Dept. of Agriculture, Office of General Counsel, Washington, DC, for Appellee.

Before BIRCH, BLACK and CARNES, Circuit Judges.

BIRCH, Circuit Judge:

In this appeal from a decision and order of the Secretary of Agriculture, we decide three issues related to the employment bar provision of the Perishable Agricultural Commodities Act, 1930, 7 U.S.C. § 499h(b): (1) whether the employment bar provision is unconstitutionally vague and overbroad; (2) whether a licensed employer can challenge a previous determination that an employee is barred from employment by a licensee; and (3) whether a...

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