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CARGILL, INCORPORATED v. HARDIN

No. 20597.

452 F.2d 1154 (1971)

CARGILL, INCORPORATED, et al., Petitioners, v. Clifford M. HARDIN, Secretary of Agriculture, Thomas J. Flavin, Judicial Officer by Appointment of the Secretary of Agriculture, and the United States Department of Agriculture, Respondents.

United States Court of Appeals, Eighth Circuit.

December 7, 1971.

Attorney(s) appearing for the Case

Calvin J. Anderson, Gen. Counsel, Cargill, Inc., Minneapolis, Minn., for Cargill, Inc.

Dorsey, Marquart, Windhorst, West & Halladay by Peter Dorsey, and James H. O'Hagan, Minneapolis, Minn., for all petitioners.

Ronald R. Glancz, Atty., L. Patrick Gray, III, Asst. Atty. Gen., Walter H. Fleischer, Atty., Dept. of Justice, Washington, D. C., for respondents.

Before JOHNSEN, Senior Circuit Judge, and GIBSON and LAY, Circuit Judges.

GIBSON, Circuit Judge.

This is a petition to set aside an order of the Secretary of Agriculture entered August 13, 1970, finding that the petitioners, Cargill, Inc., and four of its officers (hereafter collectively referred to as Cargill) had manipulated the market price of May 1963 wheat futures1 on the Chicago Board of Trade in violation of the Commodity Exchange Act, 7 U.S.C. §§ 9 and 13. Proposed sanctions were suspended...

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