United States v. Cal-Almond Inc.

The United States appeals the district court’s order denying a preliminary injunction requesting enforcement of an almond marketing order promulgated by the Secretary of Agriculture pursuant to the Agricultural Marketing Agreement Act of 1937 (“the Act”). See 7 U.S.C. § 608c. The government also appeals the district court’s order requiring the Almond Board to place Appellee Cal-Almond’s payment of assessments for the 1992-93 and 1993-94 season into escrow. We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1292 (a)(1) and we AFFIRM.

I.

In Cal-Almond, Inc. v. United States Department of Agriculture, 14 F.3d 429 (9th Cir.1993) (“Cal-Almond I ”), we held that the Almond Board’s advertising and promotion program for the 1980-81 through 1990-91 seasons violated the First Amendment rights of the almond handlers. Subsequently, we held that the handlers were entitled to a refund of all advertising and promotion assessments paid to the Almond Board or escrowed during the pendency of the administrative petition proceedings. Cal-Almond, Inc. v. United States Department of Agriculture, 67 F.3d 874 (9th Cir.1995), cert. denied, — U.S. -, 117 S.Ct. 72 , 136 L.Ed.2d 32…