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BAIRD v. U.S. DEPT. OF AGRICULTURE

No. 93-3975.

39 F.3d 131 (1994)

Calvin L. BAIRD, Sr., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 10, 1994.

Attorney(s) appearing for the Case

G. Thomas Blankenship (argued and briefed), Blankenship & Robbins, Indianapolis, IN, for petitioner.

M. Bradley Flynn (argued and briefed), U.S. Dept. of Agriculture, Office of the Gen. Counsel, Washington, DC, for respondent.

Before: KRUPANSKY, GUY, and NORRIS, Circuit Judges.

RALPH B. GUY, JR., Circuit Judge.

Petitioner appeals the decision of the Secretary of the United States Department of Agriculture ("Secretary") finding that he violated 15 U.S.C. § 1824(2)(D) on two separate occasions by allowing horses he owned to be exhibited and entered in a horse show while the horses were "sore." Because we find that petitioner actually attempted to prevent, rather than allow, the exhibition or entry...

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