BEATRICE CREAMERY CO. v. ANDERSON

No. 2615.

75 F.Supp. 363 (1947)

BEATRICE CREAMERY CO. et al. v. ANDERSON, Secretary of Agriculture.

District Court, D. Kansas, Second Division.

July 2, 1947.


Attorney(s) appearing for the Case

Karl P. Spencer, of St. Louis, and George B. Powers, of Wichita, Kan. (Foulston, Siefkin, Bartlett & Powers and Cowan, Kahrs and Nelson, all of Wichita, Kan., on the brief), for plaintiff.

J. Stephen Doyle, Sp. Asst. to Atty. Gen., Earl J. Smith and Julius C. Krause, Office of Solicitor, United States Department of Agriculture, both of Washington, D. C., Randolph Carpenter, U. S. Atty., for District of Kansas and Eugene Davis, Asst. U. S. Atty., both of Topeka, Kan., for District of Kansas, for defendants.

Darold I. Greek, of Columbus, Ohio (Dargusch, Caren, Greek & King, of Columbus, Ohio, on the brief), amici curiae on behalf of members of Columbus Milk Distributors Ass'n.


MELLOTT, District Judge.

This is an action under Section 8c(15) (B) of the Agricultural Marketing Agreement Act of 1937, as amended,1 to review the ruling of the Secretary of Agriculture (or the one temporarily exercising his functions, in this case the War Food Administrator) as embodied in Federal Milk Order No. 68, providing for the handling of milk in the Wichita, Kansas, Marketing Area. The plaintiffs are milk dealers — "handlers...

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