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CENTRAL ARK. AUCTION SALE, INC. v. BERGLAND

No. 77-1452.

570 F.2d 724 (1978)

CENTRAL ARKANSAS AUCTION SALE, INC., Major Lewis, d/b/a Major Lewis Livestock Auction Sales, Bill Rice and Lois Rice, d/b/a Cleburne County Livestock Auction Sale, and Travis McGee, d/b/a Atkins Livestock Auction, Appellants, v. Bob BERGLAND, Secretary of Agriculture, and the United States of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1978.

Attorney(s) appearing for the Case

George F. Hartje, Conway, Ark., for appellants.

Raymond W. Fullerton, Dept. of Agriculture, Washington, D. C., for appellee; Barbara Allen Bobcock, Asst. Atty. Gen., Ronald R. Glancz, Atty., U. S. Dept. of Justice, Washington, D. C., James Michael Kelly, Asst. Gen. Counsel, Raymond W. Fullerton, Director, Litigation Div., Eric Paul, Atty., U. S. Dept. of Agriculture, Washington, D. C., on the brief.

Richard A. Koehler, Livestock Marketing Assn., Kansas City, Mo., for amicus curiae, Livestock Marketing Assn.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

This is an appeal from an order of the Secretary of Agriculture establishing commission charges for selling livestock at four auction markets operated by the petitioners in Arkansas. This case arose when petitioners (appellants) filed with the Packers and Stockyards Administration (Administration), an agency of the United States Department of Agriculture (Department), proposed increases in their rates and charges which were to go into effect...

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