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Don't sound the funeral march for Drakes Bay Oyster Co. just yet: owner Kevin Lunny is planning to petition the 9th Circuit Court of Appeals, which rejected his initial appeal earlier this week, for a rehearing. The farm is allowed to remain open as long as the case is in the works, and Lunny also still has a suit against the government pending. If the rehearing is rejected, though, the farm may be forced to close temporarily, which would mean getting rid of millions of fledgling oysters and letting go of 25 employees. [SFoodie]
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