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PRODUCERS LIVESTOCK MARKETING ASSOCIATION v. UNITED STATES

No. 5459.

241 F.2d 192 (1957)

PRODUCERS LIVESTOCK MARKETING ASSOCIATION, a corporation of Salt Lake City, Utah, Petitioner, v. UNITED STATES of America and Ezra Taft Benson, Secretary of Agriculture, Respondents, Denver Union Stockyard Company, Intervenor-Respondent.

United States Court of Appeals Tenth Circuit.

February 15, 1957.

Attorney(s) appearing for the Case

Hadlond P. Thomas, Salt Lake City, Utah (Frank Armstrong, Edward M. Garrett and Thomas & Armstrong, Salt Lake City, Utah, were with him on the brief), for petitioner.

Neil Brooks, Washington, D. C. (J. Stephen Doyle, Jr. and Donald A. Campbell, Washington, D. C., were with him on the brief), for respondents United States and Secretary of Agriculture.

Winston S. Howard, Denver, Colo. (Dawson, Nagel, Sherman & Howard, Denver, Colo., Ashley Sellers, Jesse E. Baskette, Cummings, Sellers, Reeves & Conner, Washington, D. C., were with him on the brief), for intervenor Denver Union Stockyard Co.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This is a proceeding brought by petitioner under the Hobbs Act1 seeking review of an order of the Secretary of Agriculture made under the Packers and Stockyards Act of 1921, 42 Stat. 159 as amended, 7 U.S.C.A. § 181 et seq.2 Petitioner is a "marketing agency" as defined by the Act and has its principal office at Salt Lake City.

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