Prune Bargaining Association v. Bergland

571 F.2d 1132 PRUNE BARGAINING ASSOCIATION, a non-profit Cooperative Association, et al., Plaintiffs-Appellants, v. Robert BERGLAND (successor to Earl Butz), Secretary of Agriculture of the United States et al., Defendants-Appellees. No. 75-3046. United States Court of Appeals, Ninth Circuit. March 20, 1978. Reginald Steer, of Pillsbury, Madison & Sutro, San Francisco, Cal., Bruce I. Cornblum (argued), San Diego, Cal., for plaintiffs-appellants. Alexis Panagakos (argued), of Dept. of Justice, Washington, D. C., for defendants-appellees. Before DUNIWAY, WRIGHT and SNEED, Circuit Judges. PER CURIAM: 1 The judgment appealed from is affirmed for the reasons stated by Judge Orrick in his Memorandum Opinion, Prune Bargaining Association v. Butz, N.D.Cal., 1975, 444 F.Supp. 785 . We add only that the judge did, on motion for new trial, consider appellants' "Corrected Exhibit C." As to that exhibit, he said: 2 (S)o far as the newly discovered evidence goes, I think it's inconsequential, at best, the changes in the figures and irrelevant at the least. 3 (R.T. 198.) 4 He was right. 5 Affirmed.