A Failure of Justice – Delivered to Cattleman’s Front Door

A Failure of Justice – Delivered to Cattleman’s Front Door

The big meatpackers want it all. They always have. Your livestock aren’t enough; your labor, toil and sweat aren’t enough. All of your money and your land isn’t enough.

When you stand up to the big packers’ abusive power and win before a jury in our courts of law, they teach you that they are above our juries, our laws and our courts. Their appointed judges work for them. They control our government agencies that are supposed to protect us – the people. When you stand up to their power, they teach you a lesson you will never forget – they go after your house and your home.

Isn’t it time for all of US to say ENOUGH!?

Following is information on this week’s important news conference: 



1:00 p.m. CDT, Friday, June 26, 2009


The front lawn of the home of Herman Schumacher: 102 6th Ave. NW, Herreid, South  Dakota 


Herman Schumacher, lead plaintiff in Herman Schumacher, et al. vs. Tyson Fresh Meats, Inc., et al (price manipulation case)

Mike Callicrate, plaintiff in price manipulation case

Johnny Smith, R-CALF USA Region III Director

Bill Bullard, R-CALF USA CEO  

Thank you,

Mike Callicrate

June 11, 2009 

A Failure of Justice – Delivered to Cattleman’s Front Door 

Herreid, South Dakota – In spite of the fact that a South Dakota jury awarded cattlemen $9.25 million in a unanimous 2006 jury decision against the major U.S. meatpackers for the misreporting of boxed beef prices, today U.S. Marshals arrived to post a Notice of Levy on the home of plaintiff Herman Schumacher. Herman was one of three named plaintiffs, including Mike Callicrate and Roger Koch, who put their name on the class action case for the benefit of cattle producers. (For more details on the case, please read the press releases that follow.) 

Because Herman resides in the State of South Dakota where the case was heard, he was the easiest of the three plaintiffs for Tyson to collect the $15,881.38 from. (The four packers have been awarded $43,301.60 in total court costs.) 


The Schumacher home, Herreid, SD

Herman has been a champion for cattle producers for many years, often putting his name on the line in what has proven to be futile efforts to restore competition in the cattle markets.  He probably didn’t give a second thought to the embarrassing spectacle of U.S. Marshals posting his home in his small community of Herreid, South Dakota. But it seems patently unfair. 

This case is not the first time judges have reversed decisions citizen jurors made in favor of cattlemen, creating a disturbing pattern.  

A judge also reversed the jury’s decision in the earlier Tyson/IBP case, in which cattlemen won an award of $1.28 billion from an Alabama jury convinced that Tyson/IBP had manipulated the cattle markets. After being reversed by the presiding judge, this case finally made its way to the U.S. Supreme Court where the justices refused to hear it in favor of reviewing Anna Nicole Smith’s family feud. 

Mike Callicrate

St. Francis, Kansas



“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” Thomas Jefferson, 1789.

The 7th Amendment to the United States Constitution states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” http://www.gpoaccess.gov/constitution/html/amdt7.html

Some Courts and Judges obviously need to be held accountable for violating the Constitution as well as the Code of Conduct for Federal Judges.


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