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HYATT v. UNITED STATES

No. 6084.

276 F.2d 308 (1960)

Roy HYATT and A. E. Ward, Partners, doing business as Hyatt and Ward Livestock Commission Company, Petitioners, v. UNITED STATES of America and Ezra Taft Benson, Secretary of Agriculture, Respondents.

United States Court of Appeals Tenth Circuit.

February 23, 1960.

Attorney(s) appearing for the Case

Harold LeVander, So. St. Paul. Minn. (Jack N. Hays, Tulsa, Okl., and John R. Evans, Denver, Colo., of counsel), for petitioners.

Neil Brooks, Assistant General Counsel, United States Department of Agriculture, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Morton Hollander, Attorney, Department of Justice and Donald A. Campbell, Attorney, United States Department of Agriculture, Washington, D. C., on briefs), for respondents.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and CHRISTENSON, District Judge.

CHRISTENSON, District Judge.

This proceeding comes before us pursuant to 5 U.S.C.A. § 1031 et seq. on a petition to obtain judicial review of an order of the Judicial Officer in the United States Department of Agriculture, acting for the Secretary, by which petitioners were required to cease and desist from certain practices alleged by respondents to have been illegal under the Packers and Stockyards Act, 1921, 42 Stat. 159, 7 U.S.C.A. § 181 et seq.,

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