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UNITED STATES v. BOURLON

No. 76-2867.

574 F.2d 202 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Paul E. BOURLON, a/k/a Bourlon Grove Care, a/k/a Bourlon Care, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 30, 1978.

Attorney(s) appearing for the Case

J. A. Canales, U. S. Atty., Houston, Tex., Rex E. Lee, Asst. Atty. Gen., Leonard Schaitman, Atty., Judith S. Feigin, Thomas G. Wilson, Dept. of Justice, Civil Div., App. Sect., Washington, D. C., for plaintiff-appellant.

B. R. Stewart, Edinburg, Tex., for defendants-appellees.

Before HILL, RUBIN, and VANCE, Circuit Judges.

PER CURIAM:

This appeal by the United States from the judgment of the District Court for the Southern District of Texas presents a single issue for our determination. This issue is whether or not the appellee-defendant, Paul Bourlon, is a "broker" as defined by the Perishable Agricultural Commodities Act (1930), as amended 7 U.S.C.A. § 499a(7). The District Court in granting summary judgment in favor of appellee and against the United States held that Bourlon...

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