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NICHOLS & CO. v. SECRETARY OF AGRICULTURE

No. 3747.

136 F.2d 503 (1943)

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

Circuit Court of Appeals, First Circuit.

July 9, 1943.

Attorney(s) appearing for the Case

Edward C. Park, of Boston, Mass. (Withington, Cross, Park & McCann, of Boston, Mass., of counsel), for petitioners.

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

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This court handed down an opinion in Nichols & Company et al. v. Secretary of Agriculture on November 19, 1942 (1 Cir., 131 F.2d 651). On the basis of the testimony presented to a master and a master's report, the Secretary of Agriculture concluded that Nichols & Company and Nichols & Company, Inc., were guilty of violating certain provisions of the Commodity Exchange Act, 49 Stat. 1491, 7 U.S.C...

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