United States Eighth Circuit

In a petition for review of an order of the Department of Agriculture determining that petitioner had engaged in unfair and deceptive trade practices, and failed to keep sufficient accounts, records and memoranda of his business, the order is affirmed in part where there was substantial evidence supporting the judicial officer's determination that petitioner was acting as a market agency, that is, selling on a "commission basis." However, the order is reversed in part where a five-year suspension, if it permanently forced petitioner from the industry, appeared to bear no relation to the remedial purposes of the Packers and Stockyards Act.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

• WOLLMAN, Circuit Judge., Before RILEY, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• E. Lawrence Oldfield, argued, Oak Brook, IL, (James H. Turk, Mankato, MN, on the brief), for petitioner.


• For Appellees:
  
• Leslie K. Lagomarcino, argued, Washington, DC, (J. Michael Kelly, on the brief), for respondent.