UTICA PACKING CO. v. BLOCK

No. 85-1324.

781 F.2d 71 (1986)

UTICA PACKING COMPANY and David Fenster, Plaintiffs-Appellants, v. John R. BLOCK, Secretary, United States Department of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1986.


Attorney(s) appearing for the Case

James L. Quarles, III (argued), Hale and Dorr, Washington, D.C., Geoffrey S. Stewart, for plaintiffs-appellants.

L. Michael Wicks, Asst. U.S. Atty. (argued), Detroit, Mich., for defendants-appellees.

Before LIVELY, Chief Judge, and CONTIE and WELLFORD, Circuit Judges.


LIVELY, Chief Judge.

The question in this case is whether the Secretary of Agriculture may replace the Judicial Officer of the Department of Agriculture (hereafter USDA) after that officer has rendered a final decision in a case and then present a petition for reconsideration to the replacement. The district court found no legal impediment to this course of conduct, and affirmed the decision rendered by the second Judicial Officer. We disagree and reverse.

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