United States Tenth Circuit
EXCEL CORP. v. US DEPT. OF AGRICULTURE, 04-9540
The U.S. Department of Agriculture correctly concluded that plaintiff violated section 202(a) of the Packers and Stockyards Act by failing to disclose to hog producers a change in its formula for computing the "lean weight" of hog carcasses.
Appellate Information
- Decided 02/16/2005
- Published 02/16/2005
Judges
- BRISCOE, Circuit Judge., Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- 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.
- For Appellees:
- 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.