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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.
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