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KENT v. HARDIN

No. 28027.

425 F.2d 1346 (1970)

J. H. KENT, Individually, et al., Petitioners, v. Clifford M. HARDIN, Secretary of Agriculture, The United States Department of Agriculture, the Commodity Exchange Authority, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

May 14, 1970.

Attorney(s) appearing for the Case

Douglas C. Wynn, J. Wesley Watkins, III, Greenville, Miss., for petitioners.

John N. Mitchell, Atty. Gen. of the U. S., Alan S. Rosenthal, Daniel Joseph, Attys., Dept. of Justice, Washington, D. C., Alex C. Caldwell, Administrator, Commodity Exchange Authority, Clifford M. Hardin, Secretary of Agriculture, U. S. Dept. of Agriculture, Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for respondents.

Before JOHN R. BROWN, Chief Judge, and BELL and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge.

This is a petition to review an order of the Judicial Officer of the Department of Agriculture, on behalf of the respondent Secretary of Agriculture, issued pursuant to the Commodity Exchange Act, 7 U.S.C. § 9.

In 1966 an administrative complaint was filed alleging that J. H. Kent and his son-in-law Edward C. Epperson had traded in wheat, soybean and potato futures pursuant to an agreement between them, that Kent had financed...

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