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FOX PACKING CO. v. FLEMING

No. 375.

161 F.2d 209 (1947)

FOX PACKING CO. v. FLEMING.

United States Emergency Court of Appeals.

Decided May 2, 1947.

Attorney(s) appearing for the Case

D. Heyward Hamilton, Jr., of Baltimore, Md. (Cummings & Stanley, of Washington, D. C., and Hershey, Donaldson, Williams & Stanley, of Baltimore, Md., on the brief), for complainant.

Irving J. Helman, Atty., and William R. Ming, Jr., Asst. Gen. Counsel, both of Washington, D. C. (Carl A. Auerbach, Gen. Counsel, and Prentice A. Hilburn, Atty., both of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and MAGRUDER and LINDLEY, Judges.

Heard at Baltimore January 31, 1947.

MAGRUDER, Judge.

The Fox Packing Company seeks relief in this proceeding under § 2 of the Act of June 23, 1945, Pub.L.No. 88, 79th Cong., 1st Sess., 59 Stat. 260, 15 U.S.C.A. § 606b note, relating to the special subsidy to non-processing slaughterers of cattle.

This special subsidy had been provided pursuant to a Directive of the Economic Stabilization Director issued October 25, 1943 (8 F.R. 14641), reading...

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