If any stockyard owner, market agency, or dealer fails to obey any order of the Secretary other than for the payment of money while the same is in effect, the Secretary, or any party injured thereby, or the United States by its Attorney General, may apply to the district court for the district in which such person has his principal place of business for the enforcement of such order. If after hearing the court determines that the order was lawfully made and duly served and that such person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order or to enjoin upon him or them obedience to the same.
Notes of Decisions
United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997).
“7 U.S.C. § 216 . Knowing failure to obey certain orders subjects the offender to a $500-per-offense forfeiture.”
McClenegman v. Union Stock Yards Co., 298 F.2d 659 (8th Cir. 1962).
“§ 315, 7 U.S.C.A. § 216 , authorizes injunctive relief in the district court with respect to the failure of an owner, agency or dealer to obey any order of the Secretary other than for the payment of money.”
United States v. Roberts & Oake, 1 F. Supp. 797 (N.D. Ill. 1932).
“A careful study of section 315 of that title (7 USCA § 216), authorizing resort to the courts to compel obedience to orders, leads to the conclusion that, when it is considered in its relation to other sections of the act, it covers only those orders which the Secretary is…”
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