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COLUMBIA CHEESE CO. v. McNUTT

No. 239.

137 F.2d 576 (1943)

COLUMBIA CHEESE CO. et al. v. McNUTT, Federal Security Adm'r.

Circuit Court of Appeals, Second Circuit.

August 20, 1943.

Attorney(s) appearing for the Case

Martin A. Fromer, of New York City (Martin A. Fromer and Leo Pfeffer, both of New York City, of counsel), for petitioners.

Wendell Berge, Asst. Atty. Gen., and Oscar A. Provost and Edward G. Jennings, Sp. Assts. to Atty. Gen. (Edward B. Williams, Atty., Federal Security Agency, of Washington, D. C., of counsel), for respondent.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The petitioners are cheese manufacturers who allege that they are adversely affected by the order and regulations which will be discussed later in greater detail and they brought this proceeding for judicial review in accordance with § 701(f) of the Act, 21 U.S.C.A. § 371(f), which provides for such a review in cases of actual controversy.

The administrative proceedings which led to the issuance of the order here under review...

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