CENTRAL ROIG REFINING CO. v. SECRETARY OF AGRICULTURE

No. 9769.

171 F.2d 1016 (1948)

CENTRAL ROIG REFINING CO. et al. v. SECRETARY OF AGRICULTURE (PORTO RICAN AMERICAN SUGAR REFINERY, Inc., et al., Intervenors).

United States Court of Appeals District of Columbia Circuit.

Decided November 24, 1948.


Attorney(s) appearing for the Case

Mr. Frederic P. Lee, of Washington, D. C., for appellants.

Mr. James A. Doyle, Associate Solicitor, of Omaha, Neb., Department of Agriculture, of the Bar of the Supreme Court of Nebraska, pro hac vice by special leave of court, with whom Messrs. George Morris Fay, U. S. Atty., of Washington, D. C., and J. Stephen Doyle, Jr., Special Asst. to the Atty. Gen., were on the brief, for appellee. Messrs. Sidney S. Sachs and John D. Lane, Asst. U. S. Attys. both of Washington, D. C., also entered appearances for appellee.

Messrs. Arthur L. Quinn, of Washington, D. C., and Orlando J. Antonsanti, of San Juan, P. R., with whom Mr. Gordon P. Peyton, of Washington, D. C., was on the brief, for intervenor Porto Rican American Sugar Refinery, Inc., urging affirmance. Mr. Dean G. Acheson, of Washington, D. C., with whom Mr. Donald Hiss, of Washington, D. C., was on the brief for intervenors American Sugar Refining Company, et al., urging affirmance.

Mr. Walton Hamilton, with whom Mr. Thurman Arnold, of Washington, D. C., was on the brief, for intervenor Government of Puerto Rico, urging reversal. Mr. Abe Fortas, of Washington, D. C., also entered an appearance for intervenor Government of Puerto Rico.

Before EDGERTON, CLARK, and WILBUR K. MILLER, Circuit Judges.


EDGERTON, Circuit Judge.

Section 207(b) of the Sugar Act of 1948 provides that "Not more than one hundred and twenty-six thousand and thirty-three short tons, raw value, of the quota for Puerto Rico for any calendar year may be filled by direct-consumption sugar." 61 Stat. 922, 927, 7 U.S.C.A. § 1117(b). "The quota for Puerto Rico" means the quantity of sugar that may be imported into continental United States from Puerto Rico. "Direct-consumption sugar" means...

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