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COX v. U.S. DEPT. OF AGRICULTURE

No. 90-1384.

925 F.2d 1102 (1991)

E. Lee COX and Becky Cox, d/b/a Pixy Pals Kennel, Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 13, 1991.

Attorney(s) appearing for the Case

Robert F. Bartle, Lincoln, Neb., for petitioners.

Jeffrey A. Knishkowy, U.S. Dept. of Agriculture, Washington, D.C., for respondent.

Before ARNOLD and MAGILL, Circuit Judges, and BATTEY, District Judge.

MAGILL, Circuit Judge.

Lee and Becky Cox, owners of Pixy Pals Kennel, petition for review of a decision of the Department of Agriculture suspending their license for ninety days, imposing a $12,000 civil fine, and ordering the Coxes to cease and desist from specified violations of the Animal Welfare Act. The Coxes claim that (1) the suspension violated § 558(c) of the Administrative Procedure Act because there was insufficient evidence to support the Department...

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