WEST v. BERGLAND

No. 79-1711.

611 F.2d 710 (1979)

Frank R. WEST, Appellant, v. Bob BERGLAND, Secretary of the Department of Agriculture, and Donald Houston, Acting Administrator of the Food Safety and Quality Service of the Department of Agriculture, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1979.

Rehearing and Rehearing Denied January 14, 1980.


Attorney(s) appearing for the Case

B. J. Rothbaum, Jr., Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., for appellant;

James P. Linn, Oklahoma City, Okl., David S. Lathrop, Lathrop, Albracht & Swenson, Omaha, Neb., on brief.

Linda M. Cole, Dept. of Justice, Civ. Div., Washington, D. C., for appellees; Alice Daniel, Acting Asst. Atty. Gen., Robert S. Greenspan, Atty., Washington, D. C., and James Michael Kelly, Asst. Gen. Counsel, Raymond W. Fullerton, Director, Litigation Div. and Marshall M. Marcus, Atty., Office of the General Counsel, U. S. Dept. of Agri., Washington, D. C., on brief.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 14, 1980.

STEPHENSON, Circuit Judge.

The appellant, Frank R. West, sought to have the district court1 enjoin the Secretary of Agriculture from holding an administrative hearing to determine whether the Secretary's meat grading and acceptance services should be withdrawn for misconduct. West challenged the regulation under which the Secretary was proceeding as invalid. This appeal is...

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