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NEW ENGLAND DAIRIES v. WICKARD

No. 342.

144 F.2d 460 (1944)

NEW ENGLAND DAIRIES, Inc., v. WICKARD, Secretary of Agriculture.

Circuit Court of Appeals, Second Circuit.

July 18, 1944.

Attorney(s) appearing for the Case

J. Stephen Doyle, Jr., and W. Carroll Hunter, Sp. Assts. to Atty. Gen., and Katherine A. Markwell and Clarence H. Girard, Attys., Department of Agriculture, both of Washington, D. C., Wendell Berge, Asst. Atty. Gen., and Joseph A. McNamara, U. S. Atty., of Burlington, Vt., for appellant.

A. Pearley Feen, of Burlington, Vt., for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment relieving the plaintiff of the obligation of an order made by him, directing it to make certain payments which he found to have been due under an order, promulgated on February 7, 1936, which we shall speak of as Order No. 4. The defendant made this order by virtue of the power granted him by § 8c(1) of the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 608c(1), and after the notice and hearing...

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