PARKER v. BROWN

No. 46.

317 U.S. 341 (1943)

PARKER, DIRECTOR OF AGRICULTURE, ET AL. v. BROWN.

Supreme Court of United States.

Reargued October 12, 13, 1942.

Decided January 4, 1943.


Attorney(s) appearing for the Case

Messrs. Walter L. Bowers, Deputy Attorney General of California, and Strother P. Walton, with whom Messrs. Earl Warren, Attorney General, and W.R. Augustine, Deputy Attorney General, were on the briefs, for appellants on the reargument. Mr. Walter L. Bowers argued the cause for appellants on the original argument.

Mr. G. Levin Aynesworth, with whom Mr. Christian M. Ozias was on the brief, for appellee.

By special leave of Court, Mr. Robert L. Stern, with whom Solicitor General Fahy, Assistant Attorney General Arnold, and Messrs. Charles H. Weston and Robert H. Shields were on the brief, for the United States, as amicus curiae, asserting that the state program, though not inconsistent with federal agricultural legislation, was invalid under the Sherman Act and the Commerce Clause.


Argued May 5, 1942 (No. 1040, 1941 Term).

MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

The questions for our consideration are whether the marketing program adopted for the 1940 raisin crop under the California Agricultural Prorate Act1 is rendered invalid (1) by the Sherman Act, or (2) by the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. §§ 601, et seq., or (3) by the Commerce...

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