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BRANNAN v. STARK

Nos. 10365, 10366.

185 F.2d 871 (1950)

BRANNAN, Secretary of Agriculture, v. STARK et al. DAIRYMEN'S LEAGUE CO-OPERATIVE ASS'N, Inc., v. STARK et al.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1950.

Attorney(s) appearing for the Case

Mr. Neil Brooks, Sp. Asst. to the Atty. Gen., with whom Mr. J. Stephen Doyle, Jr., Sp. Asst. to the Atty. Gen., was on the brief, for appellant in No. 10365. Mr. George Morris Fay, U. S. Atty., Washington, D. C., also entered an appearance for appellant in No. 10365.

Mr. William E. Leahy, Washington, D. C., with whom Mr. William J. Hughes, Jr., Washington, D. C., was on the brief, for appellant in No. 10366.

Mr. Edward B. Hanify, of the Bar of the Supreme Court of Massachusetts, Boston, Mass., pro hac vice, by special leave of the Court, with whom Messrs. Harry Polikoff, New York City, Edgar J. Goodrich and Lipman Redman, Washington, D. C., were on the brief, for appellees.

Messrs. Marion R. Garstang, Kansas City, Mo., and Harry Scharnikow, Washington, D. C., filed a brief for New England Milk Producers' Ass'n and others as amici curiae, urging reversal.

Before EDGERTON, CLARK and KIMBROUGH STONE, Circuit Judges.

STONE, Circuit Judge.

This is an action by several milk producers (not members of milk cooperative associations) against the Secretary of Agriculture to enjoin enforcement of parts of his Order No. 4 as amended, 7 C.F.R. p. 35, 1949 ed.; 7 U.S.C.A. § 601 et seq., governing milk marketing in the Boston area. These parts of the Order provided for certain payments to milk cooperative associations from the marketing pool...

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