Angeles Brokerage Co. v. Carlo Panno Fruit Co., Limited

Good Law
211 F.2d 341·1954 U.S. App. LEXIS 2555
United States Court of Appeals for the Ninth CircuitMarch 17, 195413436_1California3,615 words

Opinion

Opinion

Bone, J.

This is an appeal from a judgment of the District Court for the Southern District of California entered December 3, 1951, which reversed a reparation order of the Secretary of Agriculture, herein Department or Secretary, on February 2, 1949. (P.A.C.A. Docket No. 4779.) This order required appellee, “Panno Fruit Company, Ltd.,” hereafter called Panno, to pay to appellant Angeles Brokerage Company, herein Angeles, reparation in the sum of $4381.35 with interest from November 1, 1946, until paid. The proceedings before the Secretary were rested upon the provisions of the Perishable Agricultural Commodities Act, Title 7, U.S.C.A., Section 499a et seq., herein the Act, or P.A.C.A.

Angeles initiated these proceedings under the Act for recovery of reparations against Panno by filing a formal complaint on April 21,1947. Thereafter, a formal hearing on the Angeles complaint was had before a Judicial Officer of the Secretary, and on or about February 2, 1949, the Secretary made the reparation order which became the subject of Panno’s appeal to the lower court. On March 4, 1949, under authority of S'ection 7 of the Act, 7 U.S.C.A. § 499g (c), Panno filed in the lower court his Notice of…

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