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UNION STOCK YARDS CO. OF OMAHA v. UNITED STATES

No. 1260.

9 F.Supp. 864 (1934)

UNION STOCK YARDS CO. OF OMAHA, Limited, v. UNITED STATES et al.

District Court, D. Nebraska, Omaha Division.

July 7, 1934.

Attorney(s) appearing for the Case

Norris Brown, of Omaha, Neb. (David A. Fitch and Ralph M. West, both of Omaha, Neb., on the brief), for petitioner.

Wendell Berge, Sp. Asst. to Atty. Gen., Harold M. Stephens, Asst. Atty. Gen., Carl McFarland, Sp. Asst. to Atty. Gen., and Seth Thomas, Sol., Department of Agriculture, of Washington, D. C., and C. E. Miles and G. N. Dagger, both of Washington, D. C. (Ambrose C. Epperson, of Omaha, Neb., of counsel), for defendants.

Before GARDNER and WOODROUGH, Circuit Judges, and MUNGER, District Judge.

WOODROUGH, Circuit Judge.

This is a suit in equity brought by the Union Stock Yards Company of Omaha in accordance with section 316 of the Packers and Stockyards Act of 1921 (7 USCA § 217) to enjoin the enforcement of the order of the Secretary of Agriculture of March 1, 1933, prescribing maximum rates and charges to be collected by the plaintiff for its stockyard services. The order of the Secretary was heretofore temporarily enjoined by this court, and the...

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