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Agriculture. 7 USC 193.

7 USC 194.

7 USC 194.

62 Stat. 928. 7 USC 8.

7 USC 9,15.

PUBLIC LAW 85-791-AUG. 28, 1958

[72 S T A T.

provided in section 2112 of title 28, United States Code, Upon the filing of such petition the court shall have jurisdiction to affirm, set aside or modify the order of the Department." gEc. 6. (a) Subsection (c) of section 203 of the Packers and Stockyards Act, 1921 (42 Stat. 162), is amended to read as follows: "(c) Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 204, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer to be heard, may amend or set aside the report or order, in whole or in part." (b) Subsections (b), (c), and (d) of section 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162), are amended to read as follows: "(b) The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28, United States Code. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within Huch time as the court may determine, on notice to the Secretary. "(c) A t any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the packer and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. " (d) The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way." (c) The first sentence of subsection (h) of section 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162), is amended to read as follows: " (h) The court of appeals shall have jurisdiction, which upon the tiling of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided ii^ section 1254 of title 28, if such writ is duly applied for within sixty days after entry of the decree." SEC. 7. (a) The third and fourth sentences of paragraph (a) of section 6 of the Commodity Exchange Act (42 Stat. 1001), are amended to read as follows: "The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Secretary of Agriculture, Chairman of said Commission, or any member thereof, and the said Commission shall thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28, United States Code. The testimony and evidence taken or submitted before the said Commission, duly filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case." (b) The seventh and eighth sentences of paragraph (b) of section g Q,f |-]^g Commodity Exchange Act (42 Stat. 1002), as amended, are amended to read as follows: "A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary of Agriculture and thereupon the Secretary of Agriculture shall file in the court the record theretofore made, as provided in section 2112 of title 28, United States Code. Upon the filing of the petition the court shall have jurisdiction to affirm, to set aside, or modify the order of the

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