Delano Farms Company v. California Table Grape Commission

318 F.3d 895 DELANO FARMS COMPANY, a Washington corporation; The Susan Neill Company, a sole proprietorship of Susan Neill; Lucas Bros. Partnership, a California partnership, Plaintiffs-Appellants, v. CALIFORNIA TABLE GRAPE COMMISSION, Defendant-Appellee. No. 00-16778. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 5, 2001. Filed January 27, 2003. Brian C. Leighton, Clovis, CA, for the appellants. Kendall L. Manock (argued), Robert D. Wilkinson (briefed), Baker, Manock, & Jensen, Fresno, CA, for the appellee. Appeal from the United States District Court for the Eastern District of California; Oliver W. Wanger, District Judge, Presiding. D.C. Nos. CV-96-06053-OWW, CV-96-006198-OWW. Before: BRUNETTI, KLEINFELD and THOMAS, Circuit Judges. KLEINFELD, Circuit Judge. 1 Several grape growers object to being compelled by state law to pay money for generic advertising of grapes. The Supreme Court has issued a decision that such a program for growers of nectarines, plums, and peaches did not violate the First Amendment, but a program for mushroom growers did. The only issue in this case is whether the principle distinguishing those two cases makes the grape…