No. 211.

321 U.S. 288 (1944)


Supreme Court of United States.

Decided February 28, 1944.

Attorney(s) appearing for the Case

Mr. Edward B. Hanify, with whom Messrs. H. Brian Holland and Harry Polikoff were on the brief, for petitioners.

Mr. Paul A. Freund, with whom Solicitor General Fahy, Assistant Attorney General Berge, and Messrs. Charles H. Weston and J. Stephen Doyle were on the brief, for respondents.

Messrs. Reuben Hall and Charles W. Wilson filed a brief on behalf of the New England Milk Producers' Association, as amicus curiae, urging affirmance.

MR. JUSTICE REED delivered the opinion of the Court.

This class action was instituted in the United States District Court for the District of Columbia, to procure an injunction prohibiting the respondent Secretary of Agriculture from carrying out certain provisions of his Order No. 4, effective August 1, 1941, dealing with the marketing of milk in the Greater Boston, Massachusetts, area. See Agricultural Marketing Agreement Act of 1937, 50 Stat. 246, 7 U.S.C. §...

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