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MARYLAND & VIRGINIA MILK PRO. ASS'N v. UNITED STATES

Nos. 10662, 10665.

193 F.2d 907 (1951)

MARYLAND & VIRGINIA MILK PRODUCERS ASS'N, Inc. v. UNITED STATES. DERRICK v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1951.

Attorney(s) appearing for the Case

William E. Leahy, Washington, D. C., with whom Elwood H. Seal and William J. Hughes, Jr., Washington, D. C., were on the brief, for appellants.

Mr. Robert H. Winn, Sp. Asst. to the Atty. Gen., with whom Joe F. Nowlin, Sp. Asst. to the Atty. Gen., was on the brief, for appellee. George Morris Fay, U. S. Atty. at the time of argument, and Charles H. Weston, Atty., Department of Justice, Washington, D. C., also entered appearances for appellee. Charles M. Irelan, Washington, D. C., appointed U. S. Atty. subsequent to the argument in this case, also entered an appearance for appellee.

Harry Scharnikow, Washington, D. C., and Marion R. Garstang, Washington, D. C., filed a brief amicus curiae on behalf of National Milk Producers Federation, urging reversal.

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

WILBUR K. MILLER, Circuit Judge.

The Maryland and Virginia Milk Producers Association is a corporate co-operative whose 1,500 producer members furnished 80 per cent of the milk distributed to consumers in the Washington metropolitan district during the period pertinent here. Seven distributing corporations accounted for 85.4 per cent of the milk and cream sold at retail in the area.1 In 1948 the Association, its secretary-treasurer, Bruce...

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