United States DC Circuit

Avocado importers' challenge to promotional assessments levied under the Avocado Act as violating their First Amendment right against compelled speech was improperly dismissed by the lower court because that court failure to exercise discretion in considering the Act's administrative exhaustion requirement.

Appellate Information

• Argued 05/13/2004
• Decided 06/18/2004
• Published 06/18/2004

Judges

• Before:  EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Dale E. McNiel argued the cause for appellants.   With him on the briefs was Tracey M. Price., Julie M. Carpenter was on the brief for amicus curiae DKT Liberty Project in support of reversal.


• For Appellees:
  
• August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Douglas N. Letter, Counsel., Richard T. Rossier was on the brief for appellees Charlie Wolk, et al.