GENERAL ICE CREAM CORP. v. BENSON

Civ. No. 4115.

113 F.Supp. 107 (1953)

GENERAL ICE CREAM CORP. v. BENSON, Secretary of Agriculture.

United States District Court, N. D. New York.

June 24, 1953.


Attorney(s) appearing for the Case

Hyman Sevits, Schenectady N. Y., and Harry Polikoff and Guggenheimer & Untermyer, New York City, for plaintiff.

Edmund Port, U. S. Atty., Northern District of New York, Syracuse N. Y. (J. Stephen Doyle, Jr., Special Asst. to the Atty. Gen., Washington, D. C., of counsel), John M. Durbin, Washington, D. C., for defendant.


FOLEY, District Judge.

This proceeding is the usual one under the terms of 7 U.S.C.A. § 608c(15) (B) to review a ruling of the judicial officer of the United States Department of Agriculture. The controversy followed the customary procedure for administrative review in these situations, 7 U.S.C.A. § 608c(15) (A), and the plaintiff by its complaint attacks the ruling and decision of the judicial officer as one not made "in accordance with law." The formal...

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