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STAMPER v. SECRETARY OF AGRICULTURE

No. 83-7063.

722 F.2d 1483 (1984)

Eldon STAMPER and Sonya Stamper (dba Chezmyrae Walkers), Ron H. Fox, Respondents and Appellants, v. SECRETARY OF AGRICULTURE, United States Department of Agriculture, Complainants and Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1984.

Attorney(s) appearing for the Case

George E. Murphy, Bolling, Walter & Gawthrop, Sacramento, Cal., for respondents and appellants.

Raymond W. Fullerton, Aaron B. Kahn, Washington, D.C., for complainants and appellees.

Before WALLACE, ALARCON and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge.

This appeal arises under the Horse Protection Act (the Act), 15 U.S.C. §§ 1821-31 (1976). Mr. and Mrs. Stamper (the Stampers) were the owners, and Ross Fox (Fox) was the trainer, of Red Bluff's Playboy (Playboy), a Tennessee Walking Horse. At a horse show on September 22, 1979, inspectors of the United States Department of Agriculture (the Department) found Playboy to be "sore" within the meaning of the Act. The Stampers and Fox...

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