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HIATT GRAIN & FEED, INC. v. BERGLAND

No. 78-1170.

602 F.2d 929 (1979)

HIATT GRAIN & FEED, INC., On Behalf of Itself and All Others Similarly Situated, Appellant, v. Robert S. BERGLAND, Secretary of Agriculture, United States of America, Appellee, Ralph Ball et al., Intervenors.

United States Court of Appeals, Tenth Circuit.

Decided July 16, 1979.

Rehearing Denied August 23, 1979.

Attorney(s) appearing for the Case

William H. Curtis, of Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo. (Martin J. Purcell and John P. Owen, Kansas City, Mo., and John Q. Royce and Tom W. Hampton, of Hampton, Royce, Engleman & Nelson, Salina, Kan., with him on the brief), for appellant.

John F. Cordes, Atty., App. Staff, Civil Div. Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James P. Buchele, U. S. Atty., Topeka, Kan., and Ronald R. Glancz, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for appellee.

Leonard O. Thomas, Kansas City, Kan., of Weeks, Thomas, Lysaught, Bingham & Mustain, Kansas City, Kan. (John A. Price, Kansas City, Kan., and Robert L. Gowdy, Kansas City, Mo., with him on the brief), for intervenors.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

SETH, Chief Judge.

This is a class action commenced by Hiatt Grain & Feed, Inc. against the Secretary of Agriculture. The complaint alleges that certain regulations promulgated by the Secretary were without statutory authority. These regulations, as amendments to 7 C.F.R. §§ 1421 and 1425, authorized price support loans to marketing cooperatives on wheat and feed grains.

The trial court found the regulations to be within the authority of the...

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