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O & S CATTLE CO. v. U.S. DEPT. OF AGRICULTURE

No. 89-2595.

913 F.2d 527 (1990)

O & S CATTLE COMPANY, Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 6, 1990.

Attorney(s) appearing for the Case

Richard A. Koehler, Geneva, Neb., for petitioner.

Jeffrey A. Knishkowy, Washington, D.C., for respondent.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HEANEY, Senior Circuit Judge.

O & S Cattle Company (O & S) was found to have violated the Packers and Stockyards Act, 7 U.S.C. §§ 181-229, by not paying for cattle ordered by a former employee, Jim Olesen. O & S's defense was that Olesen did not purchase the cattle for it, nor did he have the authority to do so. O & S appeals, arguing that there is not substantial evidence in the record to support the Secretary of Agriculture's decision....

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