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NAT. BEEF PACKING CO. v. SECRETARY OF AGRICULTURE

No. 77-2059.

605 F.2d 1167 (1979)

NATIONAL BEEF PACKING COMPANY, Petitioner, v. SECRETARY OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided September 13, 1979.

Attorney(s) appearing for the Case

James E. Kelley, Jr., Kansas City, Mo. (Edward A. Smith of Smith, Gill, Fisher & Butts Inc., Kansas City, Mo., on the brief), for petitioner.

Allan Gerson, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Morton Hollander and Thomas G. Wilson, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondents.

Before McWILLIAMS and McKAY, Circuit Judges, and MILLER, Judge.

McWILLIAMS, Circuit Judge.

The Judicial Officer of the Department of Agriculture, acting for the Secretary of Agriculture, found that National Beef Packing Company, Inc., had violated the provisions of sections 202(a), (b) and (e) of the Packers and Stockyards Act of 1921, as amended, by paying "brokerage commissions" to employees of Fleming Foods Company for the purpose of inducing the employees to make continuing purchases...

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