75-3046 | 9th Cir. | Mar 20, 1978

571 F.2d 1132" date_filed="1978-03-20" court="9th Cir." case_name="Prune Bargaining Association v. Robert Bergland (Successor To Earl Butz)">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" date_filed="1975-05-21" court="N.D. Cal." case_name="Prune Bargaining Ass'n v. Butz">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.

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