Reese Sales Company v. Clifford M. Hardin, Secretary of Agriculture

Petitioner seeks a review of a final order of the Secretary of Agriculture revoking its license issued pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq.

FACTS

On April 17, 1969, petitioner, a licensed dealer under the Act, was notified by letter that the Department of Agriculture had received numerous complaints about its failure to comply with the provisions of the Act and promptly pay for purchases of fruit and vegetables. The letter listed twenty-six in stances involving nine sellers. The letter notified petitioner that such violations could result in a revocation or suspension of its license, fixed a time limit for making explanations why disciplinary action should not be instituted, and invited a response. Petitioner failed to respond to the invitation extended in the letter.

On June 3, 1969, a formal complaint was filed against petitioner, a Washington corporation, charging that during the period between October 23, 1967, and January 12, 1968, petitioner had accepted commodities from nine separate sellers in twenty-six separate transactions and that petitioner had failed to make full payment for the agreed prices. The unpaid amounts totalled…