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GUDGEL v. IVERSON

Civ. No. 1494.

87 F.Supp. 834 (1949)

GUDGEL v. IVERSON.

United States District Court W. D. Kentucky, at Louisville.

August 1, 1949.

Attorney(s) appearing for the Case

C. Maxwell Brown, Louisville, Kentucky, for plaintiff.

David C. Walls, United States Attorney, Ben T. Cooper, Assistant United States Attorney, Louisville, Kentucky, Clarence H. Girard, Office of the Solicitor, U. S. Department of Agriculture, Washington, D. C., for defendant.

SHELBOURNE, Chief Judge.

The plaintiff is a dairy farmer who produces milk which he delivers to the plant of Von Allmen Brothers Dairy, hereinafter sometimes referred to as "Von Allmen". He receives from the Von Allmen plant a quantity of bottled milk and cream which he distributes to retail customers on a route in the Louisville milk marketing area.

The defendant is the market administrator of Federal Order No. 46, which regulates the handling of milk in...

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