RICE v. WILCOX

No. 79-1479.

630 F.2d 586 (1980)

Bill RICE and Lois Rice, Individually, and Bill Rice and Lois Rice, d/b/a Cleburne County Livestock Auction, Heber Springs, Arkansas, Appellees, v. Clenis WILCOX and Bill Davis, Individually, and Bill Davis, d/b/a Davis Livestock Auction, Batesville, Arkansas and Tri-State Insurance Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1980.


Attorney(s) appearing for the Case

John C. Gregg, Highsmith, Gregg, Hart & Farris, Batesville, Ark., argued, for appellant, Davis.

Keith Rutledge, Batesville, Ark., argued, for appellant, Wilcox.

Donald P. Raney, Lightle, Beebe & Raney, Searcy, Ark., argued, for appellee.

Alice Daniel, Asst. Atty. Gen., Michael F. Hertz, Atty., Civil Division, U. S. Dept. of Justice, Washington, D. C., and James Michael Kelly, Asst. General Counsel, Raymond W. Fullerton, Director, Litigation Division, Judith A. Wenker and John J. Casey, Attys., U. S. Dept. of Agriculture, Washington, D. C., for amicus curiae, Secretary of Agriculture.

Before BRIGHT, STEPHENSON, and McMILLIAN, Circuit Judges.


STEPHENSON, Circuit Judge.

Bill Davis and Clenis Wilcox appeal from the decision of the United States District Court, Eastern District of Arkansas1 sustaining the reparation orders against them made by the Secretary of Agriculture under the Packers and Stockyards Act 1921 (7 U.S.C. § 181 et seq.).

Bill Davis, d/b/a Davis Livestock Auction (Davis), was both a market agency selling...

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