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Administrative Law Keyed to Breyer
Morgan v. United States
Citation:
298 U.S. 468 (1936)Facts
The Secretary of Agriculture initiated proceedings in 1930 to investigate the reasonableness of rates charged by market agencies at the Kansas City Stock Yards under the Packers and Stockyards Act. Testimony was taken before an examiner, not the Secretary. After the testimony concluded, plaintiffs requested that the examiner prepare a tentative report subject to exceptions and oral argument, but this request was denied. Oral arguments were presented to an Acting Secretary, not the actual Secretary. The plaintiffs alleged that the Secretary who ultimately signed the rate order had neither heard nor read any evidence or arguments presented in the case, and had based his decision solely on consultation with Department employees. The District Court struck these allegations from the complaint without requiring the government to answer them. The plaintiffs challenged the order as depriving them of the “full hearing” required by statute and as violating due process.
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