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DAIRYMEN'S LEAGUE COOPERATIVE ASS'N v. BRANNAN

No. 36, Docket 21009.

173 F.2d 57 (1949)

DAIRYMEN'S LEAGUE COOPERATIVE ASS'N, Inc. v. BRANNAN, Secretary of Agriculture.

United States Court of Appeals Second Circuit.

February 1, 1949.

Attorney(s) appearing for the Case

Seward A. Miller, of New York City, (Frederic P. Lee, of Washington, D. C., and Frank B. Lent, of New York City, of counsel), for appellant.

Neil Brooks, Sp. Asst. to Atty. Gen. (J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., Lewis A. Sigler, Asst. Assoc. Sol., U. S. Dept. of Agriculture, of Washington, D. C., and Irving J. Higbee, U. S. Atty., and Edmund Port, Asst. U. S. Atty., both of Syracuse, N. Y., on the brief), for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

L. HAND, Chief Judge.

The Dairymen's League appeals from a judgment which dismissed its complaint in an action to review an order of the Secretary of Agriculture, which had for the most part denied its petition filed under § 8c (15) (A) of the Act, 7 U.S.C.A. § 608c (15) (A), for a refund of sums paid to the "producer-settlement fund."1 The petition was referred to a "judicial officer," who held a hearing and on March 8, 1946...

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