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STATE OF COLORADO v. UNITED STATES

No. 4965.

219 F.2d 474 (1954)

The STATE OF COLORADO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 20, 1954.

Attorney(s) appearing for the Case

Frank A. Wachob, Deputy Atty. Gen. (Duke W. Dunbar, Atty. Gen., and Omer L. Griffin, First Asst. Atty. Gen., on the brief), for appellant.

Neil Brooks, Sp. Asst. to Atty. Gen. (J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., Donald E. Kelley, U. S. Atty., Denver, Colo., and Donald A. Campbell, Attorney, U. S. Dept. of Agriculture, Washington, D. C., on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

This suit was instituted by the United States at the instance and request of the Secretary of Agriculture against the State of Colorado to collect civil penalties under the Packers and Stockyards Act of 1921, as amended, 7 U.S.C.A. § 181 et seq.,1 herein called the Act. It was alleged that the State Board of Stock Inspection Commissioners, a division of the Executive Department of the State of Colorado, herein...

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