Legal Opinion

E. Lee Cox and Becky Cox, D/B/A Pixy Pals Kennel v. United States Department of Agriculture

Court of Appeals for the Eighth Circuit

Decided February 13, 1991No. 90-1384PublishedCited by 11 opinions

1Opinion of the Court

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’s finding that their violations of the Animal Welfare Act were willful; (2) they were unconstitutionally penalized for exercising…

2Cases cited8 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Butz v. Glover Livestock Commission Co.Supreme Court of the United States · 1973
  3. Beall Construction Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Eighth Circuit · 1974
  4. George Steinberg and Son, Inc. v. Earl L. Butz, Secretary of Agriculture, and United States of AmericaCourt of Appeals for the Second Circuit · 1974
  5. Goodman v. BensonCourt of Appeals for the Seventh Circuit · 1961

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3Cited by11 opinions

  1. Knapp v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2015
  2. Lindblom v. Sun Aviation, Inc.South Dakota Supreme Court · 2015
  3. In Re Henry Youth Hockey Ass'n, License No. 02795Court of Appeals of Minnesota · 1994
  4. United States Department of Agriculture v. Jack Kelly and Erma KellyCourt of Appeals for the Eighth Circuit · 1994
  5. Valkering, U.S.A., Inc., a Corporation v. United States Department of Agriculture United States of AmericaCourt of Appeals for the Eighth Circuit · 1995

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