Charles Evans Whittaker

“ And inasmuch as a 'market agency,' as distinguished from a 'dealer,' may not buy and sell livestock for its own account, but only on a 'commission basis' for others, it cannot lawfully own any livestock to 'divert,' but it is in position to 'attempt to divert' livestock from the Denver market, and thus to boycott it, by attempting to cause those who are owners of livestock to ship and sell elsewhere. A regulation prohibiting this surely cannot be said to prevent the market agency from furnishing stockyard services at the Denver yard. ”

“ I submit that these provisions of the Act leave no room to doubt that a person by registering with the Secretary to do business as a market agency at a particular stockyard acquires the rights, and assumes the obligations, of a 'market agency' only 'at such stockyard.' And inasmuch as the challenged regulations apply only to a 'market agency or dealer engaging in business at this Stockyard'-the Denver Union stockyard they cannot have any application or effect at any other stockyard. ”

“ It also demonstrates, I think, the error of the basic conclusion of the opinion of this Court that: 'From the Act it seems plain, therefore, that the duty of respondent would be to furnish a producer in the Denver area stockyard service at Kansas City, if the producer so desired. * * * Their duty is to serve all, impartially and without discrimination.' (Emphasis supplied.) ”