FLEMING v. MOBERLY MILK PRODUCTS CO.

No. 9475.

160 F.2d 259 (1947)

FLEMING et al. v. MOBERLY MILK PRODUCTS CO.

United States Court of Appeals District of Columbia.

Decided February 14, 1947.

Writ of Certiorari Dismissed May 5, 1947.


Attorney(s) appearing for the Case

Mr. Carl A. Auerbach, of Washington, D. C., Gen. Counsel, OPA branch, Office of Temporary Controls, with whom Messrs. William R. Ming, Jr., and Albert M. Dreyer, both of Washington, D. C., OPA branch, Office of Temporary Controls, were on the brief, for appellant Fleming.

Mr. George Morris Fay, U. S. Atty., of Washington, D. C., was on the brief for appellant Anderson.

Mr. Richard E. Guggenheim, of Washington, D. C., Atty., Department of Justice, also entered an appearance for appellant Anderson.

Mr. Raymond R. Dickey, of Washington, D. C., with whom Messrs. Joseph B. Danzansky, Bernard Margolius, Edward L. Koepenick, and Carleton U. Edwards II, all of Washington, D. C., were on the brief, for appellee.

Messrs. Charles M. Fistere and Leo N. McGuire, both of Washington, D. C., on behalf of the American Bulk Condensed Milk Association, filed a brief as amicus curiae, urging reversal.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Associate Justices.


Writ of Certiorari Dismissed May 5, 1947. See 67 S.Ct. 1304.

PRETTYMAN, Associate Justice.

Appellee company brought a civil action in the District Court to enjoin appellants, the Administrator of the Office of Temporary Controls, successor in authority to the Office of Price Administration, and the Secretary of Agriculture, from enforcing certain provisions of an order1 relating to allotments of sugar, in so far as those provisions...

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