Cite as 24 A.D. 949 This order shall become effective six days after service. Copies hereof shall be served upon the parties. (No. 9977) In re MARKET AGENCIES AT UNION STOCK YARDS, CHICAGO, ILLINOIS. P&S Docket No. 402. Decided July 26, 1965. Modification of rates and charges Respondents are authorized to make the requested modification for clarification purposes in the current schedule of rates and charges. Mr. J. Robert Franks for Packers and Stockyards Division, Consumer and Marketing Service. Mr. L. Alton Denslow, Washington, D.C., for respondents. Decision by Thomas J. Flavin, Judicial Officer ORDER This is a rate proceeding under the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). The respondents are now operating under an order issued on February 23, 1965 (24 A.D. 202), continuing in effect to and including February 28, 1967, an order issued on February 8, 1962 (21 A.D. 115), which as modified by orders issued on March 29, 1962 (21 A.D. 272), and January 6, 1964 (23 A.D. 43), authorizes assessment of the current temporary schedule of rates and charges. On July 2, 1965, a petition was filed on behalf of the respondents requesting authority to modify, as soon as possible, the current temporary schedule of rates and charges by amending Section D, "Open Market Buying Service Charges," so as to clarify the language of that section without increasing the charges presently authorized. Prior to the issuance of the orders of February 8, 1962, and March 29, 1962, authorizing increases in the rates and charges, notice of the petition therefor was published in the Federal Register, and, although interested persons were afforded an opportunity to indicate a desire to be heard in the matter, no interested person notified the Hearing Clerk of a desire to be heard. No notice of the petition requesting the modification authorized Cite as 24 A.D. 950 by the order of January 6, 1964, was published in the Federal Register since it involved a reduction in certain charges. Inasmuch as the present petition does not involve an increase of rates and charges lawfully prescribed by the Secretary or any rates and charges for services not heretofore covered by order, it is found that further notice and public procedure on this order are unnecessary. The Packers and Stockyards Division, Consumer and Marketing Service, by its attorney, filed an answer recommending that the petition be granted. Since the parties are agreed, the petition is granted and the order of February 8, 1962, is further modified so as to authorize the respondents to make the changes in the current temporary schedule of rates and charges as requested in the petition filed on July 2, 1965. As heretofore noted the modification made by this order is merely for the purpose of clarification. The respondents who must prepare for and be ready to comply with this order on its effective date, desire to have it become effective as soon as possible. The Packers and Stockyards Act provides that orders of this nature shall not become effective in less than five days after their date. Accordingly, good cause is found for making this order effective in less than 30 days. This order shall become effective on the sixth day after its date of signature. Copies hereof shall be served upon the parties. (No. 9978) In re MARKET AGENCIES AT UNION STOCK YARDS, DENVER, COLORADO. P&S Docket No. 435. Decided July 26, 1965. Continuation of rates and charges Respondents' current schedule of rates and charges is continued in effect up to and including July 31, 1966. Mr. J. Robert Franks for Packers and Stockyards Division, Consumer and Marketing Service. Respondents pro se. Decision by Thomas J. Flavin, Judicial Officer Cite as 24 A.D. 950 ORDER This is a rate proceeding under the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). The respondents are now operating under an order issued on July 9, 1964 (23 A.D. 765), continuing in effect to and including July 31, 1965, an order issued on May 9, 1963 (22 A.D. 487), which as modified by an order issued on July 12, 1963 (22 A.D. 802), authorizes assessment of the current temporary schedule of rates and charges. By a petition filed on July 6, 1965, the respondents requested that the current temporary schedule of rates and charges be extended to and including July 31, 1966. Prior to the issuance of the orders of May 9 and July 12, 1963, authorizing increases in the rates and charges, notice of the petitions therefor was published in the Federal Register, and, although interested persons were afforded an opportunity to indicate a desire to be heard in the matter, no interested person notified the Hearing Cleck of a desire to be heard. Inasmuch as the present petition does not involve an increase of rates and charges lawfully prescribed by the Secretary or any rates and charges for services not heretofore covered by order, it is found that further notice and public procedure on this order are unnecessary. The Packers and Stockyards Division, Consumer and Marketing Service, by its attorney, filed an answer recommending that the petition be granted. Since the parties are agreed, the petition is granted and the order of May 9, 1963, as modified by the order of July 12, 1963, is continued in effect during the life of this order. The respondents, who must prepare for and be ready to comply with this order on its effective date, desire to have it become effective on August 1, 1965. The Packers and Stockyards Act provides that orders of this nature shall not become effective in less than five days after their date. Undue delay in making this order effective may adversely affect the marketing of livestock. Accordingly, good cause is found for making this order effective in less than 30 days. This order shall become effective on August 1, 1965, and remain in effect to and including July 31, 1966, unless modified or extended by further order before the latter date. Copies hereof shall be served upon the parties. Cite as 24 A.D. 952 (No. 9979) In re MARKET AGENCIES OPERATING AT THE SALT LAKE UNION STOCK YARDS. P&S Docket No. 547. Decided July 26, 1965. Continuation of rates and charges Respondents' current schedule of rates and charges is continued in effect up to and including August 31, 1967. Mr. J. Robert Franks for Packers and Stockyards Division, Consumer and Marketing Service. Respondents pro se. Decision by Thomas J. Flavin, Judicial Officer ORDER This is a rate proceeding under the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). The respondents are now operating under an order issued on October 21, 1963 (22 A.D. 1125), authorizing assessment of the current temporary schedule of rates and charges to and including August 31, 1965, unless changed by further order before the latter date. By a petition filed on July 6, 1965, one of the respondents requested that the current temporary schedule of rates and charges be extended to and including August 31, 1967. Prior to the issuance of the order of October 21, 1963, authorizing increases in the rates and charges, notice of the petition therefor was published in the Federal Register, and, although interested persons were afforded an opportunity to indicate a desire to be heard in the matter, no interested person notified the Hearing Clerk of a desire to be heard. Inasmuch as the present petition does not involve an increase of rates and charges lawfully prescribed by the Secretary or any rates and charges for services not heretofore covered by order, it is found that further notice and public procedure on this order are unnecessary. The Packers and Stockyards Division, Consumer and Marketing Service, by its attorney, filed an answer recommending that the petition be granted. Cite as 24 A.D. 953 Accordingly, the petition is granted and the order of October 21, 1963, is continued in effect during the life of this order. The petitioner, which must prepare for and be ready to comply with this order on its effective date, desires to have it become effective on September 1, 1965. This order shall become effective on September 1, 1965, and remain in effect to and including August 31, 1967, unless modified or extended by further order before the latter date. Copies hereof shall be served upon the parties. (No. 9980) In re LEONARD LINSMEIER AND CHARLES F. LINSMEIER, d/b/a LINSMEIER LIVESTOCK AUCTION & d/b/a LINSMEIER LIVESTOCK. P&S Docket No. 3513. Decided July 27, 1965. Termination of suspension of Charles F. Linsmeier Decision by Thomas J. Flavin, Judicial Officer SUPPLEMENTAL ORDER In this disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), an order was issued May 24, 1965, suspending respondents as registrants under the Act for a period of 15 days and thereafter until such time as they demonstrate that they are no longer insolvent. Complainant has now recommended that a supplemental order be issued terminating the suspension of respondent Charles F. Linsmeier as a registrant under the Act as he has demonstrated that he is no longer insolvent. Accordingly, the suspension of respondent Charles F. Linsmeier as a registrant under the Act in the order of May 24, 1965, is hereby terminated. Such order shall remain in full force and effect in all other respects. Copies hereof shall be served upon the parties. |