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UNITED STATES v. ADLER'S CREAMERY

No. 277.

110 F.2d 482 (1940)

UNITED STATES (NOYES, Commissioner of Agriculture and Markets of New York, Intervener) v. ADLER'S CREAMERY, Inc.

Circuit Court of Appeals, Second Circuit.

March 18, 1940.

Attorney(s) appearing for the Case

Samuel Rubin, of New York City, for appellant.

John S. L. Yost and Edward Knuff, Sp. Assts. to the Atty. Gen., and Margaret H. Brass and Melva M. Graney, Sp. Attys., both of Washington, D. C., for the United States.

Milo R. Kniffen, of Cobleskill, N. Y., Counsel to Department of Agriculture and Markets of State of New York (Louis S. Wallach, of Brooklyn, N. Y., of counsel), for intervener.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

PER CURIAM.

This is a suit brought pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 601 et seq. The decree appealed from adjudged that the defendants and its agents, attorneys and officers "are hereby mandatorily enjoined and commanded" to comply with an order issued under said act, and particularly to pay to the Market Administrator the sum of $46,796.66 owing to him under said order for a period prior to January 31...

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