Syverson v. United States, 601 F.3d 793 (8th Cir. 2010)

(plaintiff, buyer and seller of livestock that is registered under PSA as market agency and dealer, appeals decision of USDA judicial officer that determined that plaintiff had engaged in unfair and deceptive trade practices that violate the Packers and Stockyards Act (PSA) - plaintiff didn't disclose that he had repurchased cattle from his own consignment and later sold cattle for higher price; GIPSA believed that plaintiff's violations were more serious than did judicial officer and that plaintiff should be suspended rather than fined; on review, judicial officer agreed with GIPSA and plaintiff appealed; court upheld determination that plaintiff acted as market agency which owed a fiduciary duty to buyers; plaintiff should be suspended, but not for five years; five-year suspension vacated and case remanded to judicial officer).