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WETMILLER DAIRY & FARM PRODUCTS CO. v. WICKARD

No. 269.

149 F.2d 330 (1945)

WETMILLER DAIRY & FARM PRODUCTS CO., Inc., v. WICKARD, Secretary of Agriculture.

Circuit Court of Appeals, Second Circuit.

May 4, 1945.

Attorney(s) appearing for the Case

Merritt A. Switzer, of Pulaski, N. Y. (Henry S. Manley, of Albany, N. Y., of counsel), for appellant.

W. Carroll Hunter, Sp. Asst. to Atty. Gen., 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 George L. Grobe, U. S. Atty., of Buffalo, N. Y., for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The plaintiff is a handler of milk with its principal place of business in Cohocton, New York, and is subject to the provisions of Milk Order No. 27 (7 C.F.R. 1938 Supp. Part 927) regulating milk handling in the New York City milk marketing area. During the period from July 1, 1939 to March 31, 1940, the plaintiff made cream from some of the milk received at its Cohocton plant and sold the cream to Heicklen Farms, Inc., a milk broker. At the buyer's request...

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