Full Case Name:  IN RE: E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL

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Country of Origin:  United States Court Name:  UNITED STATES DEPARTMENT OF AGRICULTURE (U.S.D.A.) Primary Citation:  50 Agric. Dec. 1662 (1991) Date of Decision:  Tuesday, October 22, 1991 Judge Name:  Order issued by Donald A. Campbell, Judicial Officer Jurisdiction Level:  Federal Alternate Citation:  1991 WL 337380 (U.S.D.A.) Judges:  Order issued by Donald A. Campbell Judicial Officer Attorneys:  Robert A. Ertman, for Complainant. Robert F. Bartle, Lincoln, NE, for Respondent. Docket Num:  AWA Docket No. 434.
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.

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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