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NEW YORK STATE GUERNSEY BREEDERS CO-OP. v. WALLACE

28 F.Supp. 590 (1939)

NEW YORK STATE GUERNSEY BREEDERS CO-OP., Inc., et al. v. WALLACE, Secretary of Agriculture.

District Court, N. D. New York.

Dissenting Opinion May 20, 1939.

Attorney(s) appearing for the Case

Henry S. Manley, of Albany, N. Y., for plaintiffs.

John S. L. Yost and Charles J. McCarthy, Sp. Assts. to Atty. Gen. (Ralph L. Emmons, U. S. Atty., of Syracuse, N. Y., and E. O. Mather, of Washington, D. C., of counsel), for defendant.

Before PATTERSON, Circuit Judge, and COOPER and KNIGHT, District Judges.

PATTERSON, Circuit Judge.

The Secretary of Agriculture on August 5, 1938, issued an order regulating the handling of milk in the New York metropolitan marketing area to the extent that such milk is in interstate commerce or directly burdens interstate commerce. The order, known as Order 27, was made under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.A. § 601ff). By the Order producers are paid uniform prices for milk delivered, irrespective of the...

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