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GILES LOWERY STOCKYARDS v. DEPT. OF AGRICULTURE

No. 76-2462.

565 F.2d 321 (1977)

GILES LOWERY STOCKYARDS, INC. d/b/a Lufkin Livestock Exchange, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Fifth Circuit.

December 27, 1977.

Attorney(s) appearing for the Case

Robert L. Flournoy, Lufkin, Tex., for petitioner.

Richard A. Koehler, C. T. Tad Sanders, William B. Deas, John C. Augustine, Kansas City, Mo., for amicus curiae.

Thomas C. Heinz, Eric Paul, Gen. Counsel, Dept. of Agriculture, Edward H. Levi, U. S. Atty. Gen., U. S. Dept. of Justice, Raymond W. Fullerton, Atty., U. S. Dept. of Agriculture, Edwin E. Huddleson, III, William Kanter, Attys. Appellate Section, Civ. Div., Dept. of Justice, James Michael Kelly, Asst. Gen. Counsel, U. S. Dept. of Justice, Raymond W. Fullerton, Director, Lit. Div., U. S. Dept. of Agriculture, Washington D. C., for respondent.

Before THORNBERRY, Circuit Judge, SKELTON, Senior Judge, and HILL, Circuit Judge.

THORNBERRY, Circuit Judge:

This is an appeal from an Order of the Department of Agriculture establishing rates and charges for the petitioner, a corporation that operates the Lufkin Livestock Exchange at Lufkin, Texas. The Exchange is an "auction market" at which producers' livestock is sold on a commission basis.

The case arose when petitioner sought permission to increase its charges to farmers and ranchers for selling their livestock. The Packers and Stockyards...

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