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NICHOLS & CO. v. SECRETARY OF AGRICULTURE

No. 3747.

131 F.2d 651 (1942)

NICHOLS & CO. et al. v. SECRETARY OF AGRICULTURE.

Circuit Court of Appeals, First Circuit.

November 19, 1942.

Attorney(s) appearing for the Case

Edward C. Park and Withington, Cross, Park & McCann, all of Boston, Mass., for petitioners.

Robert L. Pierce, Sp. Atty., of Washington, D. C., James C. Wilson, Sp. Asst. to the Atty. Gen., Thurman Arnold, Asst. Atty. Gen., Kenneth L. Kimble, Sp. Asst. to the Atty. Gen., and Robert H. Shields, Sol., Department of Agriculture, and Charles W. Bucy, Atty., Department of Agriculture, both of Washington, D. C., for respondent.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

Petitioners seek review of an order of the Secretary of Agriculture (actually the Assistant Secretary) suspending a registration of Nichols & Company, a partnership, as commission merchant under the provisions of the Commodity Exchange Act, 49 Stat. 1491, 7 U.S.C.A. § 1 et seq., hereinafter called the Act. The order was stayed pending the outcome of this appeal.

On February 14, 1941, the Assistant Secretary of Agriculture under...

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