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EXCEL CORP. v. U.S. DEPT. OF AGRICULTURE

No. 04-9540.

397 F.3d 1285 (2005)

EXCEL CORPORATION, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Tenth Circuit.

February 15, 2005.

Attorney(s) appearing for the Case

John R. Fleder, of Hyman, Phelps & McNamara, P.C., Washington, DC (Timothy B. Mustaine and Jeff P. DeGraffenreid, of Foulston Siefkin LLP, Wichita, Kansas, and Philip C. Olsson and Brett T. Schwemer, of Olsson, Frank and Weeda, P.C., Washington, DC, with him on the briefs), for Petitioner.

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

Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Excel Corporation seeks review of a decision and order issued by respondent United States Department of Agriculture (USDA) finding that Excel violated § 202(a) of the Packers and Stockyards Act (P & S Act), 7 U.S.C. § 192(a), and an implementing regulation, 9 C.F.R. § 201.99(a), by failing to disclose to hog producers a change in Excel's formula for computing the "lean weight" of hog carcasses. Excel also challenges...

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