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McCLOY v. U.S. DEPT. OF AGRICULTURE

No. 02-9543.

351 F.3d 447 (2003)

Robert B. MCCLOY, Jr., Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Tenth Circuit.

December 2, 2003.

Attorney(s) appearing for the Case

Todd O. Lafferty, Gibson, Ochsner & Adkins, L.L.P., Amarillo, TX, for Petitioner.

Stephen M. Reilly, (James Michael Kelly, Deputy General Counsel, and Margaret M. Breinholt, Assistant General Counsel, on the brief), Office of the General Counsel, U.S. Department of Agriculture, Washington, DC, for Respondent.

Before KELLY, HENRY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Petitioner Robert B. McCloy, Jr., appeals from an order of the Secretary of Agriculture (the Secretary) finding him liable under the Horse Protection Act (HPA), 15 U.S.C. §§ 1821-31, for allowing a sore horse to be entered in a horse show. We have jurisdiction under 15 U.S.C. § 1825(b)(2), and we affirm.

BACKGROUND

Congress enacted the HPA in 1970 to combat the "cruel and inhumane" practice of soring Tennessee...

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