This section contains the nature of the case and procedural background.

Ps were seeking to restrain the Secretary of Agriculture from fixing the maximum rates to be charged by market agencies for buying and selling livestock at the Kansas City Stock Yards. Ps alleged that the Secretary without warrant of law delegated to Acting Secretaries, the determination of issues with respect to the reasonableness of the rates involved. They also alleged that when the Secretary signed the orders, they had not personally heard or read any evidence presented at the hearings and had not considered oral arguments or briefs submitted but that the Secretary reached his decision by solely consulting with employees in the Department of Agriculture. The district court struck these allegations from the complaints of P, as they could not state a claim on which relief could be granted. Ps appealed.

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