CROWLEY'S MILK CO. v. BRANNAN

No. 261, Docket 22284.

198 F.2d 861 (1952)

CROWLEY'S MILK CO. Inc. v. BRANNAN, Secretary of Agriculture.

United States Court of Appeals Second Circuit.

Decided July 23, 1952.


Attorney(s) appearing for the Case

Neil Brooks, Sp. Asst. to Atty. Gen. (J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., Donald A. Campbell, Atty., U. S. Dept. of Agriculture, of Washington, D. C., Julius C. Krause, Atty., U. S. Dept. of Agriculture, of New York City, and Edmund Port, U. S. Atty., Northern District of New York, of Syracuse, N. Y., on the brief), for defendant-appellant.

Sydney C. Winton, New York City (Hays, Wolf, Schwabacher, Sklar & Epstein and Daniel P. Hays, all of New York City, and Lloyd C. Anderson, of Binghamton, N. Y., on the brief), for plaintiff-appellee.

Harry Polikoff and Guggenheimer & Untermyer, all of New York City, for Instantwhip New York, Inc., as amicus curiae.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

It is now no secret that governmental regulation of the distribution of milk is complex and mystifying. Even so, this case appears to set a record of its own. For the question of classification for the purpose of payment of the milk product here in issue, at first blush apparently simple, has baffled even the experts and the trade for several years. The milk product, as manufactured by plaintiff at its Binghamton plant during the period involved...

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