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BLACKFOOT LIVESTOCK COM'N v. DEPARTMENT OF AGR.

No. 86-7198.

810 F.2d 916 (1987)

BLACKFOOT LIVESTOCK COMMISSION, CO., Petitioner, v. DEPARTMENT OF AGRICULTURE, PACKERS AND STOCKYARDS ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 20, 1987.

Attorney(s) appearing for the Case

James Michael Kelly, Raymond W. Fullerton, Aaron B. Kahn, Washington, D.C., for respondent.

Robert M. Cook, Norfolk, Nebraska, for petitioner.

Before WRIGHT, FARRIS and BEEZER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Blackfoot Livestock Commission Company appeals the decision of the Department of Agriculture, finding a violation of the Packers and Stockyards Act, 7 U.S.C. §§ 181-229. We hold that substantial evidence in the record supports the agency's decision. We further hold that the finding of check-kiting was not precluded by a prior court decision, the agency had the authority to increase the sanction, and the Jencks Act was not...

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