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WHITTENBURG v. UNITED STATES

No. 8806.

100 F.2d 520 (1938)

WHITTENBURG et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1939.

Attorney(s) appearing for the Case

A. W. Cameron, of Corpus Christi, Tex., and Sid L. Hardin, of Edinburg, Tex., for appellants.

John S. L. Yost, Sp. Asst. to Atty. Gen., Douglas W. McGregor, U. S. Atty., of Houston, Tex., Jas. L. Abney, Asst. U. S. Atty., of Brownsville, Tex., and G. Osmond Hyde, Atty., Department of Agriculture, of Washington, D. C.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal asserts the unconstitutionality of the Agricultural Marketing Agreement Act of June 3, 1937. 7 U.S.C. A. § 601 et seq. The District Court sustained the Act and the orders of the Secretary of Agriculture issued pursuant to it and enjoined the appellants from further breach of them on a suit by the United States brought under Section 8a(6), 7 U. S.C.A. § 608a(6). The Secretary on July 9, 1937, made a general order establishing...

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