FLEMING v. UNITED STATES DEPT. OF AGRICULTURE

Nos. 81-3685, 82-3015 and 82-3095.

713 F.2d 179 (1983)

Preach FLEMING, Albert Lee Rowland and C.H. Meadows, Joe Fleming, Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 13, 1983.

Rehearing and Rehearing Denied October 4, 1983.


Attorney(s) appearing for the Case

Edward F. Gordon (argued), Gordon, Bottorff & Waters, Brentwood, Tenn., for petitioners in all cases.

William L. Abernathy, Jr., Brentwood, Tenn., for petitioners in Nos. 82-3015 and 82-3095.

Raymond W. Fullerton (argued), U.S. Dept. of Agriculture, Washington, D.C., for respondent in all cases.

Terrence G. Jackson, U.S. Dept. of Agriculture, Washington, D.C., for respondent in No. 81-3685.

Morris L. Selinger, U.S. Dept. of Agriculture, Washington, D.C., for respondent in No. 82-3015.

Donald K. Silver, U.S. Dept. of Agriculture, Washington, D.C., for respondent in No. 82-3095.

Before KENNEDY and JONES, Circuit Judges, and COHN, District Judge.


Rehearing and Rehearing En Banc Denied October 4, 1983.

CORNELIA G. KENNEDY, Circuit Judge.

Appellants Preach Fleming, Albert Lee Rowland, C.F. Meadows and Joe Fleming were found in three separate administrative hearings to have shown "sored" Tennessee Walking Horses in violation of the Horse Protection Act, 15 U.S.C. § 1821 et seq. (1976). The Judicial Officer of the United States Department of Agriculture1 (USDA)...

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