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CHERNIN v. LYNG

No. 88-5440.

874 F.2d 501 (1989)

Marshall CHERNIN, Appellant, v. Richard E. LYNG, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 3, 1989.

Attorney(s) appearing for the Case

Stephen L. Urbanczyk, Washington, D.C., for appellant.

Jeffrey Clair, Washington, D.C., for appellee.

Before LAY, Chief Judge, and ARNOLD and FAGG, Circuit Judges.

ARNOLD, Circuit Judge.

Marshall Chernin lost his job with Federal Beef Processors, Inc., after the United States Department of Agriculture (USDA) determined that Chernin's connection to Federal Beef rendered the company unfit to engage in the meatpacking business. Under the authority of 21 U.S.C. § 671(a), the USDA refused to provide Federal Beef with inspection services required by law (without which meatpackers may not operate) until Federal Beef agreed to...

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