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SOLOMON VALLEY FEEDLOT, INC. v. BUTZ

No. 76-1325.

557 F.2d 717 (1977)

SOLOMON VALLEY FEEDLOT, INC., et al., Plaintiffs-Appellees, v. Earl BUTZ, Secretary of Agriculture, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 17, 1977.

Attorney(s) appearing for the Case

Ben L. Krage of Kasmir, Willingham & Krage, Dallas, Tex. (Wilbur Leonard, Topeka, Kan., on the brief), for plaintiffs-appellees.

Mark N. Mutterperl, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., Washington, D.C., Robert J. Roth, U. S. Atty., Wichita, Kan., and Leonard Schaitman, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., on the brief), for defendants-appellants.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this declaratory judgment action instituted by Solomon Valley Feedlot, Inc., the issue presented is the extent of the applicability of the Packers and Stockyards Act of 1921, as amended, 7 U.S.C. Section 181 et seq., and particularly whether Solomon Valley Feedlot, Inc., which is engaged in cattle feeding, is also a dealer or a market agency under the applicable statute. Other members of the feedlot industry have participated...

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