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GRANDVIEW DAIRY v. JONES

Civ. No. 3884.

61 F.Supp. 460 (1945)

GRANDVIEW DAIRY, Inc., v. JONES, War Food Administrator, et al.

District Court, E. D. New York.

June 11, 1945.

Attorney(s) appearing for the Case

Harry L. Marcus, of Brooklyn, N. Y. (Herbert L. Maltinsky, of Brooklyn, N. Y., of counsel), for plaintiff.

Miles F. McDonald, U. S. Atty., and Morris K. Siegel, Asst. U. S. Atty., both of Brooklyn, N. Y., Leonard O. Carson, Regional Atty., United States Department of Agriculture, of Philadelphia, Pa., and A. T. Radigan, Atty., United States Department of Agriculture, of Washington, D. C., for defendants.

Alger, Peck, Andrew & Rohlfs, of New York City (Arthur J. Peck and L. F. X. Cotignola, both of New York City, of counsel), amici curiae for Sheffield Farms Co., Inc., and Purity Creamery Products, Inc.

MOSCOWITZ, District Judge.

The action is brought pursuant to the provisions of Section 8c(15) (A) and (B) of the Agricultural Marketing Agreement Act of 1937, as amended, 50 Stat. 246, 7 U. S.C.A. § 601 et seq., to review administrative determinations made as hereinafter set forth. Jurisdiction is not disputed and both sides move for summary judgment.

Pursuant to the terms of the Act, Milk Marketing Order No. 27 was issued. Section 927.7(f) of this Order...

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