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WAWA DAIRY FARMS v. WICKARD

No. 8739.

149 F.2d 860 (1945)

WAWA DAIRY FARMS, Inc., v. WICKARD, Secretary of Agriculture (INTERSTATE MILK PRODUCERS' CO-OP., Intervener).

Circuit Court of Appeals, Third Circuit.

Decided June 5, 1945.

Attorney(s) appearing for the Case

Ellwood J. Turner, of Chester, Pa., for appellant.

W. Carroll Hunter, of Washington, D. C. (Katherine A. Markwell, Atty., Department of Agriculture, of Washington, D. C., Wendell Berge, Asst. Atty. Gen., J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and James P. McCormick, Asst. U. S. Atty., both of Philadelphia, Pa., on the brief), for defendant-appellee.

A. Evans Kephart, of Philadelphia, Pa., for intervener.

Before GOODRICH, STEPHENS (ALBERT LEE), and McLAUGHLIN, Circuit Judges.

STEPHENS, Circuit Judge.

Federal Milk Order No. 61, regulating the handling of milk in the Philadelphia marketing area, was issued in 1942 by the Secretary of Agriculture pursuant to authority contained in the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 601 et seq. Appellant Dairy petitioned the Secretary of Agriculture under § 8c (15) (A) of the Act, 7 U.S.C.A. § 608c (15) (A),1 for a modification of parts...

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