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WALLACE v. HUDSON-DUNCAN & CO.

No. 8716.

98 F.2d 985 (1938)

WALLACE, Secretary of Agriculture, v. HUDSON-DUNCAN & CO.

Circuit Court of Appeals, Ninth Circuit.

September 20, 1938.

Attorney(s) appearing for the Case

Robert H. Jackson and Thurman Arnold, Asst. Attys. Gen., John W. Aiken, Sp. Asst. to Atty. Gen., Gordon P. Peyton, Atty., Dept. of Agriculture, of Washington, D. C., Wendell Berge, Sp. Asst. to Atty. Gen., Mastin G. White, Solicitor, Department of Agriculture, of Washington, D. C., and Carl C. Donaugh, U. S. Atty., of Portland, Or., for appellant.

Albert W. Gentner, of Portland, Or., for appellee.

Farrand & Slosson, George E. Farrand, Leonard B. Slosson, and Edward E. Tuttle, all of Los Angeles, Cal., for amici curiae.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal by the Secretary of Agriculture from a decree of the district court holding that certain provisions of the Secretary's Order, given under the Agricultural Adjustment Act, 7 U.S.C.A. § 601 et seq., violate the Constitution and directing the Secretary to exempt the appellee from its operation.

Appellee, hereinafter called the Company, is a corporation engaged in the states of Oregon and Washington in the business...

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