NEW YORK STATE GUERNSEY BREEDERS' CO-OP. v. WICKARD

No. 244.

141 F.2d 805 (1944)

NEW YORK STATE GUERNSEY BREEDERS' CO-OP., Inc., v. WICKARD, Secretary of Agriculture.

Circuit Court of Appeals, Second Circuit.

March 30, 1944.


Attorney(s) appearing for the Case

Irving G. Hubbs, of Pulaski, N. Y. (Merritt A. Switzer, of Pulaski, N. Y., on the brief), for plaintiff-appellant.

W. Carroll Hunter, Sp. Asst. to Atty. Gen. (J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., David P. Gordon, Atty., Dept. of Agriculture, of Washington, D. C., Wendell Berge, Asst. Atty. Gen., and Irving J. Higbee, U. S. Atty., of Syracuse, N. Y., on the brief), for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

For reasons readily understandable, the old controversy as to the relative merits of milk from Guernsey and from Holstein cows has flared up with increased vigor in consequence of the promulgation of federal and state milk orders under legislation designed to secure uniform minimum prices to the milk producers. The Guernsey producers seek either complete exemption from the orders or a substantial differential in their favor — beyond the...

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