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PARCHMAN v. U.S. DEPT. OF AGRICULTURE

No. 87-3701.

852 F.2d 858 (1988)

Robert E. PARCHMAN; Virgil R. (Ray) Lemons; Jack E. Hamilton, Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1988.

Rehearing Denied September 27, 1988.

Attorney(s) appearing for the Case

Gerald D. Eftink (argued), Daniel W. Olsen, Van Hooser, Olsen & Parkinson, P.C., Kansas City, Mo., for petitioners.

Edward Silverstein, Office of General Counsel, U.S. Dept. of Agriculture, Washington, D.C., Aaron B. Kahn (argued), for respondent.

Before KRUPANSKY and BOGGS, Circuit Judges, and BROWN, Senior Circuit Judge.

BOGGS, Circuit Judge.

Robert Parchman, Virgil (Ray) Lemons and Jack Hamilton (the stockyard operators) are partners. They operate stockyards in Cumberland City, Tennessee and Paris, Tennessee. Their business is to weigh livestock and sell the animals on behalf of their owners at public auction. Although the buyers and sellers of livestock transact business on the basis of the animals' weight, the stockyard operators receive a set commission of $7.00 a head for their...

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