BOYLE CTY. STOCKYARDS CO. v. COM., ETC.


570 S.W.2d 650 (1978)

BOYLE COUNTY STOCKYARDS COMPANY, Bourbon Stockyards Company, Kentucky-Tennessee Livestock Market, Clay-Wachs Stockyards, Inc., Kentuckian Livestock Market, Maysville Stockyards, Bowling Green Livestock Market, Farmers Stockyards, Franklin Stockyard Market, Paris Stockyards, Inc., Garrard Stockyards, Blue Grass Stockyards, Paducah Livestock Market and Mayfield Livestock Market, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF AGRICULTURE, Thomas O. Harris, Commissioner of Agriculture and Dr. Tom S. Maddox, State Veterinarian, Appellees. GRAYSON COUNTY STOCKYARDS MARKETS, INC. and Taylor County Stockyards, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF AGRICULTURE, Thomas O. Harris, Commissioner of Agriculture and Dr. Tom S. Maddox, State Veterinarian, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 30, 1978.

Discretionary Review Denied October 3, 1978.


Attorney(s) appearing for the Case

James F. Clay, Clay & Clay, Danville, Wayne J. Carroll, Ewen, McKenzie & Peden, Louisville, for appellants.

Robert F. Stephens, Atty. Gen., William H. Mohr, Asst. Atty. Gen., William E. Johnson, Johnson, Judy & Gaines, Frankfort, for appellees.

Before HOWERTON, LESTER and WINTERSHEIMER, JJ.


HOWERTON, Judge.

This is an appeal from a judgment by the Franklin Circuit Court, upholding the validity of an administrative regulation relating to the testing of livestock for brucellosis.

Pursuant to the duties and power set forth for the Board of Agriculture, in relation to livestock disease control, in Chapter 257 of the Kentucky Revised Statutes, the Board adopted a regulation requiring brucellosis tests for all livestock at stockyards. The regulation...

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