Legal Opinion
Utica Packing Company and David Fenster v. John R. Block, Secretary, United States Department of Agriculture
Court of Appeals for the Sixth Circuit
Decided January 13, 1986No. 85-1324PublishedCited by 37 opinions
1Opinion of the Court
LIVELY, Chief Judge.
The question in this case is whether the Secretary of Agriculture may replace the Judicial Officer of the Department of Agriculture (hereafter USDA) after that officer has rendered a final decision in a case and then present a petition for reconsideration to the replacement. The district court found no legal impediment to this course of conduct, and affirmed the decision rendered by the second Judicial Officer. We disagree and reverse.
THE ADMINISTRATIVE SETTING
In 1940 Congress passed the Schwellen-bach Act, 54 Stat. 81 (1940), now codified as 7 U.S.C. § 450c-450g (1982).…
2Cases cited12 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- Withrow v. LarkinSupreme Court of the United States · 1975
- In Re Murchison.Supreme Court of the United States · 1955
- Hannah v. LarcheSupreme Court of the United States · 1960
- Wong Yang Sung v. McGrathSupreme Court of the United States · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Hammond v. BaldwinCourt of Appeals for the Sixth Circuit · 1989
- Stivers v. PierceCourt of Appeals for the Ninth Circuit · 1995
- Martin v. SizemoreCourt of Appeals of Tennessee · 2001
- Robert A. Bieber v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2002
- In Re Kuriappan P. Alappat, Edward E. Averill and James G. LarsenCourt of Appeals for the Federal Circuit · 1994
32 more not listed; retrieve them via the Exa API.