
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC194]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER II--PACKERS GENERALLY
 
                       Part A--General Provisions
 
Sec. 194. Conclusiveness of order; appeal and review


(a) Filing of petition; bond

    An order made under section 193 of this title shall be final and 
conclusive unless within thirty days after service the packer appeals to 
the court of appeals for the circuit in which he has his principal place 
of business, by filing with the clerk of such court a written petition 
praying that the Secretary's order be set aside or modified in the 
manner stated in the petition, together with a bond in such sum as the 
court may determine, conditioned that such packer will pay the costs of 
the proceedings if the court so directs.

(b) Filing of record by Secretary

    The clerk of the court shall immediately cause a copy of the 
petition to be delivered to the Secretary, and the Secretary shall 
thereupon file in the court the record in such proceedings, as provided 
in section 2112 of title 28. If before such record is filed the 
Secretary amends or sets aside his report or order, in whole or in part, 
the petitioner may amend the petition within such time as the court may 
determine, on notice to the Secretary.

(c) Temporary injunction

    At any time after such petition is filed, the court, on application 
of the Secretary, may issue a temporary injunction, restraining, to the 
extent it deems proper, the packer and his officers, directors, agents, 
and employees, from violating any of the provisions of the order pending 
the final determination of the appeal.

(d) Evidence

    The evidence so taken or admitted, and filed as aforesaid as a part 
of the record, shall be considered by the court as the evidence in the 
case.

(e) Action by court

    The court may affirm, modify, or set aside the order of the 
Secretary.

(f) Additional evidence

    If the court determines that the just and proper disposition of the 
case requires the taking of additional evidence, the court shall order 
the hearing to be reopened for the taking of such evidence, in such 
manner and upon such terms and conditions as the court may deem proper. 
The Secretary may modify his findings as to the facts, or make new 
findings, by reason of the additional evidence so taken, and he shall 
file such modified or new findings and his recommendations, if any, for 
the modifications or setting aside of his order, with the return of such 
additional evidence.

(g) Injunction

    If the court of appeals affirms or modifies the order of the 
Secretary, its decree shall operate as an injunction to restrain the 
packer, and his officers, directors, agents, and employees from 
violating the provisions of such order or such order as modified.

(h) Finality

    The court of appeals shall have jurisdiction, which upon the filing 
of the record with it shall be exclusive, to review, and to affirm, set 
aside, or modify, such orders of the Secretary, and the decree of such 
court shall be final except that it shall be subject to review by the 
Supreme Court of the United States upon certiorari, as provided in 
section 1254 of title 28, if such writ is duly applied for within sixty 
days after entry of the decree. The issue of such writ shall not operate 
as a stay of the decree of the court of appeals, insofar as such decree 
operates as an injunction unless so ordered by the Supreme Court.

(Aug. 15, 1921, ch. 64, title II, Sec. 204, 42 Stat. 162; June 7, 1934, 
ch. 426, 48 Stat. 926; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; 
May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 85-791, 
Sec. 6(b), (c), Aug. 28, 1958, 72 Stat. 944; Pub. L. 98-620, title IV, 
Sec. 402(5), Nov. 8, 1984, 98 Stat. 3357.)

                          Codification

    Former subsec. (i), which extended the former term ``circuit court 
of appeals'', in case the principal place of business of the packer is 
in the District of Columbia, to the United States Court of Appeals for 
the District of Columbia, for the purposes of sections 191 to 195 of 
this title, was omitted from the Code as obsolete. The District of 
Columbia is a judicial circuit under sections 41 and 43 of Title 28, 
Judiciary and Judicial Procedure. See, also, Change of Name note below.


                               Amendments

    1984--Subsec. (d). Pub. L. 98-620 struck out provisions requiring 
proceedings in such cases in the court of appeals to be made a preferred 
cause and expedited in every way.
    1958--Subsec. (b). Pub. L. 85-791 Sec. 6(b), substituted ``thereupon 
file in the court'' for ``forthwith prepare, certify, and file in the 
court a full and accurate transcript of'', and ``as provided in section 
2112 of Title 28'' for ``including the complaint, the evidence, and the 
report and order'' in first sentence, and ``record'' for ``transcript'' 
in second sentence.
    Subsec. (c). Pub. L. 85-791, Sec. 6(b), substituted ``petition'' for 
``transcript''.
    Subsec. (d). Pub. L. 85-791, Sec. 6(b), struck out ``duly 
certified'' after ``admitted''.
    Subsec. (h). Pub. L. 85-791, Sec. 6(c), substituted ``jurisdiction, 
which upon the finding of the record with it shall be exclusive,'' for 
``exclusive jurisdiction,'' and section ``1254'' for ``347''.

                         Change of Name

    Act June 25, 1948, eff. Sept. 1, 1948, as amended May 24, 1949, 
substituted ``court of appeals'' for ``circuit court of appeals'', 
wherever appearing.
    Act of June 7, 1934, provided that Court of Appeals in District of 
Columbia, should hereafter be known as the United States Court of 
Appeals for the District of Columbia.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date 
note under section 1657 of Title 28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 193, 195 of this title; 
title 21 sections 457, 467, 607, 1036, 1047.
