Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; James H. Wilkerson, Judge.
Before ALSCHULER and EVANS, Circuit Judges, and CARPENTER, District Judge.
Appellee contends that (a) the court did not have jurisdiction of the cause of action, (b) the bond requirement is not applicable to appellee, and (c) the order of the Secretary of Agriculture lacks the definiteness and certainty which permits of enforcement by injunction.
It is unnecessary to consider all of these contentions. We are so thoroughly convinced that appellee was not a dealer within the contemplation of the statute we may well pass appellee's other contentions.
Appellant concedes, as it must, that its right to injunction turns upon the dealer provision of the statute. Section 301 (d) of the act (7 USCA § 201 (d) defines the term "dealer" as follows:
"The term 'dealer' means any person, not a market agency, engaged in the business of buying or selling in commerce livestock at a stockyard, either on his own account or as the employee or agent of the vendor or purchaser."
Section 201 (a) of the act (7 USCA § 191) defines a packer to be one "engaged in the business (a) of buying livestock in commerce for purposes of slaughter * * *."
The stipulation of the parties in the District Court provided among other things:
"That * * * (appellee) is a corporation * * * having its office and principal place of business at Chicago, Illinois, and for more than thirty years last past has been engaged in the business of manufacturing, packing, and selling pork products;
"That * * * (it) regularly buys livestock, exclusively for purposes of slaughter by it, at the Union Stockyards, Chicago, Illinois * * *
"* * * That * * * (it) does not solicit, induce, nor procure the shipment of said livestock to said stockyards; that * * * (it) does not acquire any title to, nor interest in, said livestock until after the purchase thereof at said stockyards, as hereinafter described; * * *.
"That * * * (it) so buys livestock for slaughter at said stockyards through its salaried employee, Howard S. Turner, who is popularly designated at said stockyards as the 'buyer' for * * * (appellee);
"That said Turner in buying livestock for * * * (appellee) * * * acts only in the name of, for the account of, and as ...