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Administrative Law Keyed to Aman
Hoctor v. United States Department of Agriculture
Citation:
82 F.3d 165 (1996)Facts
Patrick Hoctor began dealing in exotic animals in 1982 on his farm outside Terre Haute, Indiana. His inventory typically included lions, tigers, ligers, cougars, and snow leopards, which were kept in pens within a fenced containment area. The entire compound was surrounded by a six-foot-high perimeter fence, which was constructed at the suggestion of a USDA veterinarian who inspected the facility when Hoctor started his business. In 1983, the USDA issued an internal memorandum stating that all “dangerous animals,” including lions, tigers, and leopards, must be inside a perimeter fence at least eight feet high. Beginning in 1990, Hoctor was cited multiple times for violating the housing standard regulation by failing to have an eight-foot perimeter fence. The USDA eventually sanctioned Hoctor for this and other alleged violations. Replacing his six-foot fence with an eight-foot fence would cost Hoctor thousands of dollars, and pending resolution of this dispute, he discontinued dealing in Big Cats.
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