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UNITED STATES v. CARPENTER

Civ. No. 9799.

113 F.Supp. 327 (1949)

UNITED STATES v. CARPENTER.

United States District Court E. D. New York.

May 13, 1949.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., Brooklyn, N. Y. (Melvin H. Siegel, Special Asst. to the Atty. Gen., of counsel), for plaintiff.

David Siskind, New York City, for defendant.

KENNEDY, District Judge.

Two motions are involved here. One by the plaintiff is for a preliminary injunction (a temporary restraining order has been issued). The second by the defendant is for an order dismissing the complaint on the ground that it fails to state a claim of any kind.

The complaint alleges that Carpenter is a potato dealer in business at Water Mill, Long Island, New York. Under the Agricultural Act of 1948, Ch. 827, P.L. 897, 80th Cong., the...

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