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BURRUS v. U.S. DEPARTMENT OF AGRICULTURE

No. 77-1883.

575 F.2d 1258 (1978)

C. D. BURRUS and Donald L. Troutman, d/b/a Burrus and Troutman Livestock and Hauling, Petitioners, v. U. S. DEPARTMENT OF AGRICULTURE and the Packers and Stockyards Administration, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1978.

Attorney(s) appearing for the Case

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

Barbara Allen Babcock, Morton Hollander and Robert Kaplan (argued), Civil Div., U. S. Dept. of Justice, Washington, D. C., and James Michael Kelly, Raymond W. Fullerton and John E. Ford, U. S. Dept. of Agriculture, Washington, D. C., on brief, for respondents.

Before HEANEY and STEPHENSON, Circuit Judges, and BECKER, Senior District Judge.

PER CURIAM.

C. D. Burrus and Donald L. Troutman seek review of an order of the Secretary of Agriculture. The Secretary held that the petitioners violated the Packers and Stockyards Act, 1921, 7 U.S.C. § 181 et seq., and the regulations issued pursuant to the Act by (1) operating a livestock scale which failed to comply with requirements because it was improperly balanced; (2) selling livestock to packers at false and incorrect weights obtained by adding...

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