Can plaintiffs bring this action until their remedies have been exhausted?

MultiRegion, United States of America

The following excerpt is from Wileman Bros. & Elliott, Inc. v. Giannini, 909 F.2d 332 (9th Cir. 1990):

Defendants argue that plaintiffs cannot bring this action until their remedies under the Act are exhausted. Section 608c(15)(A) provides that handlers may petition the Secretary for review of any order, provision of such order, or obligation imposed in connection with such order, on the ground that it is contrary to law. Relief may include modification of or exemption from the order or requirement. After the Secretary issues his final ruling, the district courts are vested with jurisdiction to review that ruling. 7 U.S.C. Sec. 608c(15)(B). This scheme is a handler's exclusive "method of redress" for challenging marketing orders. Pescosolido v. Block, 765 F.2d 827, 831 (9th Cir.1985). 11

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