De Jong Packing Company, and Mt. Vernon Meat Co., Inc. v. The United States Department of Agriculture, Hygrade Food Products Corporation v. The United States, the Secretary of Agriculture and the Packers and Stockyards Administration

618 F.2d 1329 1980-81 Trade Cases 63,684 DE JONG PACKING COMPANY, and Mt. Vernon Meat Co., Inc., Petitioners, v. The UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent. HYGRADE FOOD PRODUCTS CORPORATION, Petitioner, v. The UNITED STATES, the Secretary of Agriculture and the Packers and Stockyards Administration, Respondents. Nos. 77-2722, 77-2979. United States Court of Appeals, Ninth Circuit. April 7, 1980. Rehearing Denied June 3, 1980. James F. Henriot, Tacoma, Wash., for Hygrade Food Products Corp. Ronald R. Glancz, Washington, D. C., on brief; James M. Kelly, Dept. of Agriculture, Washington, D. C., for U. S. Dept. of Agriculture. Peter Jay Visser, Le Cocq, Simonarson & Visser, Lynden, Wash., for De Jong Packing Co. On Petition to Review a Decision of the Secretary of Agriculture. Before MERRILL and SNEED, Circuit Judges, and ZIRPOLI, * District Judge. MERRILL, Circuit Judge: FACTS 1 The Packers and Stockyards Administrator instituted this administrative action under the Packers and Stockyards Act ("the Act"), 7 U.S.C. § 181 et seq., alleging violations of § 202(a), (e) and (g) of the Act. 1 The complaint alleged that a group of packers, petitioners here, had…