Smeed

Smeed v. Carpenter

Good Law
274 F.2d 414·2 Fed. R. Serv. 2d 121
United States Court of Appeals for the Ninth CircuitJanuary 12, 1960No. 16441California2,445 words

Opinion

Lead Opinion

Orr, J.

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 meat products to the consuming cities of the country in the Middle West and East, or, still as livestock, to the feeding places and fattening farms in the Middle West or East for further preparation for the market.” Stafford v. Wallace, 1922, 258 U.S. 495, 514 , 42 S.Ct. 397, 401 , 66 L.Ed. 735 .

In order to carry out the purposes of the act, the Secretary of Agriculture has promulgated regulations governing the operation of stockyards. To insure the free and unburdened flow of livestock through the nation’s yards, operators…

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