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KASS v. BRANNAN

No. 48, Docket 21966.

196 F.2d 791 (1952)

KASS v. BRANNAN, Secretary of Agriculture.

United States Court of Appeals, Second Circuit.

Decided April 30, 1952.

Attorney(s) appearing for the Case

Harry Polikoff and Guggenheimer & Untermyer, all of New York City (Munder, Weissman & Lockwood, Huntington, N. Y., of counsel), for appellant.

J. Stephen Doyle, Jr., and Neil Brooks, Special Assts. to the Atty. Gen., Donald A. Campbell, U. S. Department of Agriculture, Washington, D. C., Frank J. Parker, U. S. Atty., and Morris K. Siegel, Chief Asst. U. S. Atty., Brooklyn, N. Y., for appellee.

Seward A. Miller, New York City (Frank B. Lent, New York City, of counsel), for five organizations appearing as amici curiae.

Before SWAN, Chief Judge, and L. HAND and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Chief Judge.

This is an appeal by the plaintiff from a summary judgment dismissing his complaint in an action brought against the Secretary of Agriculture to recover payments, made under protest, pursuant to provisions of Order No. 27, as amended, regulating the handling of milk in the New York milk marketing area. The plaintiff is a small milk dealer in Lindenhurst, Suffolk County, N. Y. As such he is a "handler" of milk as defined in § 927.1(g) of the...

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