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SCHMIDT v. OLD UNION STOCKYARDS CO.

No. 35822.

58 Wn.2d 478 (1961)

364 P.2d 23

ARTHUR SCHMIDT et al., Appellants, v. OLD UNION STOCKYARDS COMPANY, Respondent. NORTHWEST LIVESTOCK AUCTION COMPANY, INC., Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent. CHARLIE KINN, Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent. GRANGE INTERSTATE LIVESTOCK ASSOCIATION, Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent.

The Supreme Court of Washington, En Banc.

August 17, 1961.

Attorney(s) appearing for the Case

Kizer, Gaiser, Stoeve, Layman & Powell, Benjamin H. Kizer, and Daniel W. Gaiser, for appellants.

Keith, Winston & Repsold (Leo J. Driscoll and Cummings, Sellers, Reeves & Conners, of counsel), for respondent.

OTT, J.

The Old Union Stockyards Company of Spokane is licensed by the Secretary of Agriculture to engage in the stockyard business, as provided by 7 U.S.C. §§ 181-231. By the rules and regulations for stockyards, the Secretary of Agriculture has recognized two methods of selling livestock, one known to the industry as "private treaty," and the other as "auction." For nearly thirty years prior to June 1, 1959, the Old Union Stockyards Company conducted its...

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