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UNITED STATES v. ADLER'S CREAMERY

No. 168.

107 F.2d 987 (1939)

UNITED STATES (NOYES, Commissioner of Agriculture and Markets of State of New York, Intervener) v. ADLER'S CREAMERY, Inc.

Circuit Court of Appeals, Second Circuit.

November 13, 1939.

Attorney(s) appearing for the Case

Samuel Rubin, of New York City, for defendant-appellant.

John S. L. Yost and Robert M. Cooper, Sp. Assts. to Atty. Gen., and Margaret H. Brass, Sp. Atty., of Washington, D. C., for the United States.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This suit was brought by the United States pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. Sec. 601 et seq., to enforce an order, known as Order No. 27, which was issued by the Secretary of Agriculture by virtue of authority conferred upon him by the above mentioned statute. The appellee Noyes, as Commissioner of Agriculture and Markets of the State of New York, was duly permitted to intervene as a party...

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