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WESTERN IOWA FARMS CO. v. UNITED STATES

No. 79-1904.

629 F.2d 502 (1980)

WESTERN IOWA FARMS CO. et al., Petitioners, v. UNITED STATES of America; Bob Bergland, Secretary of Agriculture, Respondents. Sioux City Stock Yards, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1980.

Rehearing Denied August 13, 1980.

Attorney(s) appearing for the Case

Victor J. Lich, Jr., Lich, Herold & Mackiewica, Omaha, Neb., Craig A. Raby, Crary, Huff, Yates & Clem, Sioux City, Iowa, for petitioners.

Charles R. Wolle, Shull, Marshall & Marks, Sioux City, Iowa, for intervenor-respondent, Sioux City Stock Yards.

Judith Wenker, USDA-OGC, Washington, D.C., argued, on brief, Alice Daniel, Asst. Atty. Gen., William Kaplan and William G. Kanter, Attys., U.S. Dept. of Justice, Washington, D.C., and James Michael Kelly, Asst. Gen. Counsel, Raymond W. Fullerton, Director, Litigation Division, Judith A. Wenker and Thomas C. Heinz, Attys., Dept. of Agriculture, Washington, D.C., on brief, for Dept. of Agr.

Before LAY, Chief Judge, ROSS, Circuit Judge, and LARSON, District Judge.

ROSS, Circuit Judge.

Petitioners Western Iowa Farms Co., et al., a group comprised of 16 of the 23 market agencies that handled livestock sales at the Sioux City Stock Yards, filed a petition for review of a decision and order of the Secretary of Agriculture with this court. The Secretary's decision dismissed the challenge brought by the 16 market agencies to a new regulation, Rule 22, promulgated by the Sioux City Stock Yards establishing minimum annual sales...

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