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Ohio Lawyer Search - Listings for Goldsmith Harvey
Name: Goldsmith Harvey
Address: 3511 Center Rd Rear Brunswick, OH 44212
Phone Number: 330-225-7177
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Specialties:
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Wills, Estates, Trusts & Probate Law
Business Corporation & Partnership Law
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Cases related to this attorney's specialties:
EXCEL CORPORATION v. UNITED STATES DEPT FILED United States Court of Appeals 1000 Tenth Circuit FEB 15 2005 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT EXCEL CORPORATION, Petitioner, v. No. 04-9540 UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent. PETITION FOR REVIEW OF ORDERS OF THE UNITED STATES DEPARTMENT OF AGRICULTURE (Agency No. D-99-0010) John R. Fleder, of Hyman, Phelps & McNamara, P.C., Washington, D.C. (Timothy B. Mustaine and Jeff P. DeGraffenreid, of Foulston Siefkin LLP, Wichita, Kansas, and Philip C. Olsson and Brett T. Schwemer, of Olsson, Frank and Weeda, P.C., Washington, D.C., with him on the briefs), for Petitioner. Stephen M. Reilly, Senior Counsel (James Michael Kelly, Deputy General Counsel, and Margaret M. Breinholt, Assistant General Counsel, with him on the brief), Office of the General Counsel, United States Department of Agriculture, Washington, D.C., for Respondent. Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges. BRISCOE, Circuit Judge. Petitioner Excel Corporation seeks review of a decision and order issued by respondent United States Department of Agriculture (USDA) finding that Excel violated 202(a) of the Packers and Stockyards Act (P&S Act), 7 U.S.C. 192(a), and an implementing regulation, 9 C.F.R. 201.99(a), by failing to disclose to hog producers a change in Excel's formula for computing the "lean weight" of hog carcasses. Excel also challenges the decision and order to the extent it directs Excel to cease and desist from engaging in certain related practices. Exercising jurisdiction pursuant to 28 U.S.C. 2342(2), we grant Excel's petition for review for the sole purpose of modifying the cease and desist language of the decision and order. As so modified, the decision and order is enforced. I. Factual background Excel, a corporation based in Wichita, Kansas, is estimated to be the fourth or fifth largest hog slaughterer in the United States. ROA, Vol. V, Doc. 155 at 13, 82....
USCA6 Opinion 03a0319p.06 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0319P (6th Cir.) File Name: 03a0319p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ H.C. MacClaren, Inc., Petitioner, v. United States Department of Agriculture, Respondent. No. 02-3006 On Appeal from an Order of the Secretary, United States Department of Agriculture. No. D-99-0012. Argued: June 11, 2003 Decided and Filed: September 4, 2003 Before: MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.(*) _ COUNSEL ARGUED: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. ON BRIEF: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. _ OPINION _ JULIA SMITH GIBBONS, Circuit Judge. Petitioner H.C. MacClaren, Inc. (MacClaren), a wholesale produce broker, appeals a final order of the Secretary of Agriculture revoking its license pursuant...
1000 United States Court of Appeals for the Federal Circuit 03-1002 ORLEANS INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. Alan Goggins, Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant. Of counsel on the brief was Kevin J. Sullivan. Aimee Lee, Attorney, International Trade Field Office, Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were David M. Cohen, Director, Civil Division, Commercial Litigation Branch, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, U.S. Customs Service, of New York, New York. Appealed from: United States Court of International Trade Chief Judge Gregory W. Carman United States Court of Appeals for the Federal Circuit 03-1002 ORLEANS INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. _ DECIDED: July 11, 2003 _ Before MAYER, Chief Judge, MICHEL, and RADER, Circuit Judges. Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Chief Judge MAYER. MICHEL, Circuit Judge. Plaintiff-appellant Orleans International, Inc. ("Orleans") appeals the order of the United States Court of International Trade dismissing for lack of subject matter jurisdiction Orleans' challenge of the constitutionality of import assessments mandated by the Beef Promotion and Research Act of 1985 ("Beef Act"), 7 U.S.C. §§ 2901-2911 (2000). Orleans Int'l, Inc. v. United States, 206 F. Supp. 2d 1318 (Ct. Int'l Trade 2002). Because we hold that the Court of International Trade erred in holding that it did not have exclusive jurisdiction over this action pursuant to 28 U.S.C. § 1581(i)(2), we reverse and remand. BACKGROUND The Beef Act aims to "carry[] out a coo...
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