Legal Opinion

Bama Tomato Co. v. United States Department of Agriculture

Court of Appeals for the Eleventh Circuit

Decided May 29, 1997No. 95-6778PublishedCited by 17 opinions

1Opinion of the Court

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 thirty-day suspension of the employer’s license was legally warranted and factually justified. The Secretary, through a judicial…

2Cases cited19 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Nebbia v. New YorkSupreme Court of the United States · 1934

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3Cited by17 opinions

  1. United States v. HuntCourt of Appeals for the Eleventh Circuit · 2008
  2. United States v. McGarityCourt of Appeals for the Eleventh Circuit · 2012
  3. United States v. WayerskiCourt of Appeals for the Eleventh Circuit · 2010
  4. United States v. Morgan Chase WoodsCourt of Appeals for the Eleventh Circuit · 2012
  5. United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2006

12 more not listed; retrieve them via the Exa API.

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