Smeed v. Carpenter

274 F.2d 414 Ralph SMEED, Harold Doan, Albert Black, B. W. Avers and Charles Sewell, a Partnership Doing Business as the Boise Valley Livestock Commission Company, Appellant, v. George CARPENTER and National Surety Corporation, Appellees. No. 16441. United States Court of Appeals Ninth Circuit. January 12, 1960. Smith & Miller, Lawrence N. Smith, Caldwell, Idaho, for appellant. Clemons, Skiles & Green, C. Stanley Skiles, Boise, Idaho, for appellee. Before ORR, POPE and MERRILL, Circuit Judges. ORR, Circuit Judge. 1 This action is concerned with transactions arising out of the buying and selling of livestock. The livestock business reached such a magnitude that Congress, sensing its vital concern to the country, saw fit to enact regulatory legislation known as the Packers and Stockyards Act, 1921, 7 U.S.C.A. § 181 , and placed in the hands of the Secretary of Agriculture the duty of carrying out the mandates of said act. "The object to be secured by the act is the free and unburdened flow of livestock from the ranges and farms of the West and the Southwest through the great stockyards and slaughtering centers on the borders of that region, and thence in the form of…