ELLIOTT v. ADM'R, ANIMAL & PLANT HEALTH INSP. SERVICE, U.S. DEPT. OF AGRICULTURE

No. 92-1662.

990 F.2d 140 (1993)

William Dwaine ELLIOTT, Petitioner, v. ADMINISTRATOR, ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE; United States of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1993.


Attorney(s) appearing for the Case

Philip Leroy Whitson, Charlotte, NC, for petitioner.

Leslie Karen Lagomarcino, Office of Gen. Counsel, U.S. Dept. of Agriculture, argued (James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Margaret M. Breinholt, Deputy Asst. Gen. Counsel, Office of Gen. Counsel, U.S. Dept. of Agriculture, Washington, DC, on brief), for respondents.

Before HAMILTON and LUTTIG, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

HAMILTON, Circuit Judge:

William D. Elliott1 appeals the decision of the Secretary of the United States Department of Agriculture (Secretary) that he violated § 5(2)(B) (codified at 15 U.S.C. § 1824(2)(B))2 of the Horse Protection Act. 84 Stat. 1404 (1970) (codified as amended at 15 U.S.C. §§ 1821 through 1831) (the Act), by entering...

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