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HUTTO STOCKYARD v. U.S. DEPT. OF AGRICULTURE

No. 89-2717.

903 F.2d 299 (1990)

HUTTO STOCKYARD, INC.; John D. Hutto; Charles L. Hutto, Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Karen J. Williams, Williams & Williams, Orangeburg, S.C., for petitioners.

Ellen Ruth Hornstein, Office of the Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., for respondent.

C. Bradley Hutto, Charles H. Williams, Williams & Williams, Orangeburg, S.C., on brief, for petitioners.

James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Margaret M. Breinholt, Deputy Asst. Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., for respondent.

Before POWELL, Associate Justice (Retired), Supreme Court, sitting by designation, and CHAPMAN and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

Hutto Stockyard, Inc., John D. Hutto, and Charles L. Hutto (collectively Hutto) petition for review of the decision of a Judicial Officer for the United States Department of Agriculture (USDA) that Hutto violated statutory and regulatory provisions of the Packers and Stockyards Act (Act), 7 U.S.C.A. §§ 181 et seq. (West 1980 & Supp.1990). The Judicial Officer (JO), adopting the order of the Administrative Law Judge (ALJ...

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