486 F.2d 1048 (8th Cir. 1973), 73-1275, American Beef Packers, Inc. v. United States Dept. of Agriculture

Docket Nº:73-1275.
Citation:486 F.2d 1048
Party Name:AMERICAN BEEF PACKERS, INC., Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Appellee.
Case Date:November 05, 1973
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1048

486 F.2d 1048 (8th Cir. 1973)

AMERICAN BEEF PACKERS, INC., Appellant,

v.

UNITED STATES DEPARTMENT OF AGRICULTURE, Appellee.

No. 73-1275.

United States Court of Appeals, Eighth Circuit.

November 5, 1973

David E. Pavel and Bruce D. Vosburg, Omaha, Neb., on brief for appellant.

Irving Jaffee, Acting Asst. Atty. Gen., and Morton Hollander and Stephen F. Eilperin, Attys., Dept. of Justice, Washington, D. C., on brief for appellee.

Before GIBSON, LAY and STEPHENSON, Circuit Judges.

PER CURIAM.

The Department of Agriculture instituted proceedings against Farmland Enterprises, Inc., a corporation, Frank R. West, an individual, and American Beef Packers, Inc., a corporation, alleging price manipulation upon the sale of dressed hog carcasses in violation of the Packers and Stockyard Act of 1921, 7 U.S.C. §§ 181 et seq. The complaint also alleges that American Beef Packers, Inc. allowed West to own stock and control it at the same time West also owned and controlled market agencies and dealers in violation of § 201.68 of the Regulations of the Secretary of Agriculture.

American Beef moved to sever its hearing from the hearing relating to the other parties. It likewise moved to sever specific counts. Judge Dorothea A. Baker, an experienced and able administrative law judge, denied these motions. Judge Baker's rulings were adopted by the Secretary. American Beef brought this petition for review alleging that under the collateral...

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