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SHAWANGUNK COOPERATIVE DAIRIES v. JONES

No. 181.

153 F.2d 700 (1946)

SHAWANGUNK COOPERATIVE DAIRIES, Inc., v. JONES et al.

Circuit Court of Appeals, Second Circuit.

February 11, 1946.

Attorney(s) appearing for the Case

Samuel Rudykoff, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., of New York City, on the brief), for defendants-appellants.

Edward L. Cole, of New York City, for plaintiff-appellee.

Before SWAN, CHASE and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This case presents for review the questions (1) whether the plaintiff was properly ruled a "handler," within the meaning of § 927.1(f) of Order No. 27 governing the marketing of milk in the New York Metropolitan Marketing Area, as to certain milk which it was receiving gratuitously at its plant for a handler whose plant had been closed, and, if so, (2) whether the Order so interpreted was authorized by the statute upon which it was based...

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