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H. P. HOOD & SONS v. UNITED STATES

Nos. 3325-3331.

97 F.2d 677 (1938)

H. P. HOOD & SONS, Inc., et al. v. UNITED STATES et al., and six other cases.

Circuit Court of Appeals, First Circuit.

June 24, 1938.

Attorney(s) appearing for the Case

Charles B. Rugg, of Boston, Mass. (Warren F. Farr, Edward B. Hanify, and Ropes, Gray, Boyden & Perkins, all of Boston, Mass., on the brief), for H. P. Hood & Sons, Inc., and Noble's Milk Co.

Edward F. Merrill, of Skowhegan, Me., for E. Frank Branon, intervener.

John M. Raymond, of Boston, Mass. (Lawrence Foster, Theodore Chase, and Palmer, Dodge, Barstow, Wilkins & Davis, all of Boston, Mass., on the brief), for Whiting Milk Co.

Charles S. Walkup, Jr., of Boston, Mass., for W. P. Elliott Co.

David Greer, of Boston, Mass., for Green Valley Creamery, Inc., Seven Oaks Dairy Co., and A. J. Robinson.

Francis J. Kelley, of Boston, Mass., for Martines and others.

Wendell Berge and Hugh B. Cox, Sp. Asst. to the Atty. Gen. (Thurman Arnold, Asst. Atty. Gen., Francis J. W. Ford, U. S. Atty., and John A. Canavan, Asst. U. S. Atty., both of Boston, Mass., James C. Wilson and Joseph G. Blandi, Sp. Assts. to the Atty. Gen., and H. Douglas Weaver, Sp. Atty., and Samuel Herman, Atty., Department of Agriculture, both of Washington, D. C., on the brief), for appellees.

Before WILSON and MORTON, Circuit Judges, and MAHONEY, District Judge.

PER CURIAM.

These cases on appeal to this court involve the validity of a temporary mandatory injunction issued by the District Court ordering the several defendants to comply with Order No. 4 issued by the Secretary of Agriculture under the Marketing Agreement Act, 7 U.S.C.A. § 601 et seq., and requiring each of them to pay to the Market Administrator under the Act all amounts now due and owing, and hereafter to become due and owing under said Order No. 4.<...

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