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UNITED STATES DEPARTMENT OF AGRICULTURE (U.S.D.A.)

IN RE: E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL
United States
50 Agric. Dec. 1662 (1991)


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Summary:   On March 14, 1990, the civil penalty and suspension provisions of the order issued in this case on January 29, 1990, 49 Agric.Dec. 115, were stayed pending the outcome of proceedings for judicial review.  This order is issued lifting the stay.  The civil penalty of $12,000 assessed against the respondents shall be paid no later than the 90th day after service of this order.

Judge Order issued by Donald A. Campbell, Judicial Officer delivered the opinion of the court.


Opinion of the Court:

On March 14, 1990, the civil penalty and suspension provisions of the order issued in this case on January 29, 1990, 49 Agric.Dec. 115, were stayed pending the outcome of proceedings for judicial review. On February 13, 1991, the United States Court of Appeals for the Eighth Circuit affirmed the order, Cox v. U.S.D.A., 925 F.2d 1102 (8th Cir.1991), and on October 7, 1991, the Supreme Court denied the respondents' petition for certiorari, 60 U.S.L.W. 3221, 3222.

Accordingly, this order is issued lifting the stay. The civil penalty of $12,000 assessed against the respondents shall be paid no later than the 90th day after service of this order, by certified check or money order, payable to the Treasurer of the United States, and sent to Robert A. Ertman, Esq., United States Department of Agriculture, Office of the General Counsel, Room 2014, South Building, Washington, D.C. 20250-1400. The suspension of respondents' license for 90 days and thereafter until respondents demonstrate to APHIS that their acticities comply with the Act and its regulations and standards shall become effective on the 30th day after service of this order on respondents.

 

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