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HAYS LIVESTK. COM'N CO., INC. v. MALY LIVESTK. COM'N CO., INC.

Nos. 73-1236, 73-1237.

498 F.2d 925 (1974)

HAYS LIVESTOCK COMMISSION COMPANY, INC., a Kansas corporation, Plaintiff-Appellee, v. MALY LIVESTOCK COMMISSION COMPANY, INC., a foreign corporation, Defendant-Appellant, Universal Surety Company, a foreign corporation, et al., Defendants. PLAINVILLE LIVESTOCK COMMISSION COMPANY, INC., a Kansas corporation, Plaintiff-Appellee, v. MALY LIVESTOCK COMMISSION COMPANY, INC., a foreign corporation, Defendant-Appellant, Universal Surety Company, a foreign corporation, et al., Defendants. RUSH COUNTY SALES COMPANY, a partnership composed of Henry Reifschneider, et al., Plaintiffs-Appellees, v. MALY LIVESTOCK COMMISSION COMPANY, INC., a foreign corporation, Defendant-Appellant, Universal Surety Company, a foreign corporation, et al., Defendants.

United States Court of Appeals, Tenth Circuit.

Decided June 13, 1974.

Attorney(s) appearing for the Case

Malcolm D. Young, Omaha, Neb. (Kenneth A. Nickolai, Omaha, Neb., and

Terry L. Bullock, Topeka, Kan., with him on the brief), for defendant-appellant, Maly Livestock Comm. Co., Inc.

Wayne W. Wallace, Wichita, Kan. (Robert Martin, Wichita, Kan., of counsel, Martin, Pringle, Schell & Fair, Wichita, Kan., with him on the brief), for defendant-appellant, Universal Surety Co.

Thomas C. Boone, Hays, Kan., for plaintiffs-appellees, Hays Livestock Comm. Co. Inc. and Plainville Livestock Comm. Co., Inc.

Marvin E. Thompson of Thompson, Holland & Arthur, Russell, Kan., for plaintiff-appellee, Rush County Sales Co.

Before LEWIS, Chief Judge, and MURRAH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

These consolidated appeals are from separate judgments of the district court sustaining separate reparation orders by the Secretary of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. § 201, et seq.) against Wenzl, a registered and bonded livestock dealer, and Maly, a registered and bonded marketing agent. (See §§ 203, 204.) We affirm the judgments with modifications to be noted.

The Packers and Stockyards...

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