Lloyd Myers Co., Inc., And/or Lloyd Myers, D/B/A Lloyd Myers Co., Inc. v. Department of Agriculture

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LLOYD MYERS CO., INC., and/or Lloyd Myers, d/b/a Lloyd Myers Co., Inc., Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent. No. 92-70587. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1994. * Decided Jan. 26, 1994. Before: ALDISERT, ** WIGGINS and BRUNETTI, Circuit Judges. 1 MEMORANDUM *** 2 Lloyd Myers Co. Inc. and its owner Lloyd Myers (collectively hereinafter "Myers") petition for review of a decision by the Secretary of the Department of Agriculture that Myers (1) violated Section 2(4) of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. Sec. 499b(4), by failing to make full payment promptly of $334,000.00 for 63 lots of perishable agricultural products and (2) violated Sections 3 and 8(c) of PACA, 7 U.S.C. Secs. 499c, 499h(c), by obtaining its federal license to deal in perishable agricultural commodities through the use of false or misleading statements on its application.…