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CAPITOL PACKING COMPANY v. UNITED STATES

Nos. 7603, 7611.

350 F.2d 67 (1965)

CAPITOL PACKING COMPANY, a corporation, and Meyer Averch, Appellants, v. UNITED STATES of America, Appellee. Sol FELSEN et al., Appellants, v. UNITED STATES of America, and Orville E. Freeman, Secretary of Agriculture, Appellees.

United States Court of Appeals Tenth Circuit.

July 22, 1965.

Attorney(s) appearing for the Case

V. G. Seavy, Jr., Denver, Colo. (Anthony F. Zarlengo, Denver, Colo., with him on the brief), for appellants Capitol Packing Co. and Meyer Averch.

William R. Koger and Robert E. Shelton, Oklahoma City, Okl. (David I. Shedroff, Denver, Colo., with them on the brief), for appellants Sol Felsen and others.

Neil Brooks, Asst. Gen. Counsel, and Robert E. Duncan, Atty., Dept. of Agriculture, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, and Robert E. Duncan, Atty., Dept. of Agriculture, Washington, D. C., with them on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

SETH, Circuit Judge.

These are actions to review the decision of the Judicial Officer of the Department of Agriculture in adjudicatory proceedings brought under the Packers and Stockyards Act. These two cases were considered during the administrative proceedings as one, and the record, findings, and order here under review do not distinguish between them. The petitioners will be referred to as "appellants." The appellants were charged in the proceedings under different...

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