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BERIGAN v. UNITED STATES

No. 15848.

257 F.2d 852 (1958)

Frank A. BERIGAN et al., Petitioners, v. UNITED STATES of America and Ezra Taft Benson, Secretary of Agriculture, Respondents.

United States Court of Appeals Eighth Circuit.

August 13, 1958.

Attorney(s) appearing for the Case

Alexander McKie, Jr., Omaha, Neb. (Barton H. Kuhns and Finlayson, McKie & Kuhns, Omaha, Neb., were with him on the brief), for petitioners.

Donald A. Campbell, Atty., U. S. Dept. of Agriculture, Washington, D. C. (J. Stephen Doyle, Jr., Atty., Dept. of Justice, and Neil Brooks, Asst. Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., were with him on the brief), for respondents.

Before SANBORN, VOGEL and MATTHES, Circuit Judges.

VOGEL, Circuit Judge.

In this proceeding we are asked to review an order of the Judicial Officer of the United States Department of Agriculture acting for the Secretary of Agriculture, issued under the Packers and Stockyards Act, 1921, as amended (7 U.S.C.A., 1952 ed., § 181 et seq.). The proceeding was instituted by the issuance of an Order of Inquiry and Notice of Hearing by the Director of the Livestock Division, Agriculture Marketing Service, of the United...

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