WAGNER v. DEPARTMENT OF AGRICULTURE

No. 93-3318.

28 F.3d 279 (1994)

Roy E. WAGNER and Judith E. Rizio, Petitioners, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 15, 1994.


Attorney(s) appearing for the Case

Michael L. Rozman, Nicholas & Foreman, Harrisburg, PA, for petitioners.

Jeffrey A. Knishkowy, Office of General Counsel, U.S. Dept. of Agriculture, Washington, DC, for respondent.

Before: SLOVITER, Chief Judge, ALITO, Circuit Judge, and PARELL, District Judge.


Submitted Under Third Circuit LAR 34.1(a) March 3, 1994.

OPINION OF THE COURT

SLOVITER, Chief Judge.

I.

Judith E. Rizio, the owner of the horse known as Sir Shaker, and Roy E. Wagner, the horse's trainer, have filed this petition for review from the administrative determination that they violated the Horse Protection Act, 15 U.S.C. § 1821 et seq. (1988) (the Act) by exhibiting a "sore horse."

The sole issue before us...

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