United States DC Circuit

Petition for review of administrative decision restricting petitioners' ability to do business in the produce industry is denied over challenges to: 1) the determination that payment of bribes to produce inspectors violated the "implied duty" clause of 7 U.S.C. section 499b(4); 2) the treatment of convicted vice president's actions as the actions of the company under 7 U.S.C. section 499p; 3) the decision to revoke the company's license under 7 U.S.C. section 499h(a), rather than to impose a lesser sanction; 4) respondent's failure to provide petitioners with notice and an opportunity to halt the vice president's unlawful conduct before revoking the company's license; and 5) the determination that the president was "responsibly connected" to the company under 7 U.S.C. section 499a(b)(9).

Appellate Information

• Argued 03/13/2007
• Decided 08/14/2007
• Published 08/14/2007

Judges

• Before:  TATEL, GARLAND, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark C.H. Mandell argued the cause and filed the briefs for petitioners.


• For Appellees:
  
• Leslie K. Lagomarcino, Senior Counsel, U.S. Department of Agriculture, argued the cause for respondent.   With her on the brief were James Michael Kelly, Deputy General Counsel, and Margaret M. Breinholt, Assistant General Counsel.