Saulsbury Orchards And Almond Processing, Inc. v. Clayton K. Yeutter

917 F.2d 1190 SAULSBURY ORCHARDS AND ALMOND PROCESSING, INC., Plaintiff-Appellant, v. Clayton K. YEUTTER, * individually and as Secretary of Agriculture; John Block, individually and as former Secretary of Agriculture; the Almond Board of California, an administrative agency; Peggy Leong, individually and as Manager of the Almond Board of California; Pete Yamamoto; Roger Baccigalupi; Steve Easter; Walt Payne; Frank Clement; Sam Lewis, Col., Defendants-Appellees. No. 87-2955. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1988. Submission Withdrawn Dec. 15, 1988. Resubmitted Aug. 22, 1989. Decided Oct. 29, 1990. Brian C. Leighton, Law Firm of Thomas E. Campagne, Fresno, Cal., for plaintiff-appellant. John F. Daly, Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before FLETCHER, BEEZER and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 Saulsbury Orchards, an almond handler, brought an action challenging the constitutionality of an almond marketing order promulgated by the Secretary of Agriculture under the Agricultural Marketing Agreement Act.…