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VAN WYK v. BERGLAND

No. 77-1303.

570 F.2d 701 (1978)

Dale VAN WYK and Van's Livestock, Inc., Petitioners, v. Robert BERGLAND, Secretary of Agriculture, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1978.

Rehearing Denied February 22, 1978.

Attorney(s) appearing for the Case

John H. Neiman and Thomas G. McCuskey of Neiman, Neiman, Stone & Spellman, Des Moines, Iowa, on brief, for petitioners.

Sarah Weddington, Gen. Counsel and Rodney J. Streff, Atty., U. S. Dept. of Agriculture, Washington, D. C., Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz and Allen H. Sachsel, Attys., Civ. Div., App. Sec., Dept. of Justice, Washington, D. C., on brief, for respondent.

Before MATTHES, Senior Circuit Judge, ROSS and HENLEY, Circuit Judges.

MATTHES, Senior Circuit Judge.

This litigation was commenced on February 13, 1974. On that date the Administrator, Packers and Stockyards Administration, filed a complaint against Mid-States Livestock, Inc., Gordon Reisinger, president of Mid-States, and Dale E. Van Wyk, secretary-treasurer of Mid-States, who were designated as respondents. The complaint alleged, inter alia, that Mid-States was a corporation under the direction, control, and management of the...

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