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UNITED STATES v. WEHRHEIM

No. 17490.

332 F.2d 469 (1964)

UNITED STATES of America, Appellant, v. Eugene V. WEHRHEIM and Clinton Peterson d/b/a Wehrheim-Peterson Sales Pavilion, Appellees.

United States Court of Appeals Eighth Circuit.

June 9, 1964.

Attorney(s) appearing for the Case

Robert V. Zener, Atty., Civil Div., Dept. of Justice, Washington, D. C., made argument for appellant and filed brief with John W. Douglas, Asst. Atty. Gen., Washington, D. C., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and Donald E. O'Brien, U. S. Atty., Sioux City, Iowa.

William D. Guthrie, Webster City, Iowa, made argument, Guthrie & Blackburn, Webster City, Iowa, on the brief, for appellees.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

VOGEL, Circuit Judge.

The United States brought this action under § 303 of the Packers and Stockyards Act, 42 Stat. 159, as amended, 7 U.S.C.A. § 181 et seq., to recover civil penalties because of defendants-appellees' operations as a market agency without registration under the Act. The case was submitted to the District Court on a stipulation of facts. The District Court granted summary judgment to the defendants, holding that the defendants' failure to...

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