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BAILEY FARM DAIRY CO. v. ANDERSON

No. 13182.

157 F.2d 87 (1946)

BAILEY FARM DAIRY CO. et al. v. ANDERSON, Secretary of Agriculture.

Circuit Court of Appeals, Eighth Circuit.

Writ of Certiorari Denied December 9, 1946.

Attorney(s) appearing for the Case

William D. Donnelly, of Washington, D. C. (Karl P. Spencer, of St. Louis, Mo., and Max O'Rell Truitt, Mac Asbill, Lawrence Keitt, and Cummings & Stanley, all of Washington, D. C., on the brief), for appellants.

W. Carroll Hunter, Sp. Asst. to Atty. Gen. (George R. Springborg, Atty., U. S. Dept. of Agriculture, of Lincoln, Neb., Katherine A. Markwell, Atty., U. S. Dept. of Agriculture, of Washington, D. C., Wendell Berge, Asst. Atty. Gen., J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., and Harry C. Blanton, U. S. Atty., of Sikeston, Mo., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

Writ of Certiorari Denied December 9, 1946. See 67 S.Ct. 355.

JOHNSEN, Circuit Judge.

The question is as to the validity of an allocation formula required to be used by handlers in classifying producers' milk in the St. Louis marketing area, under § 903.3(e) of Federal Milk Order No. 3, as amended1 December 27, 1943, effective January 1, 1944, which amended order regulated the classification and minimum price to producers...

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