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HALDEMAN CREAMERY v. KENDALL

No. 646.

208 F.2d 360 (1953)

HALDEMAN CREAMERY, Inc. et al. v. KENDALL.

United States Emergency Court of Appeals.

Decided November 18, 1953.

Attorney(s) appearing for the Case

Henry H. Whiting, Winchester, Va., and Robert T. Barton, Jr., Richmond, Va., with whom Dabney W. Watts and J. Sloan Kuykendall, Winchester, Va., were on the brief, for complainants.

Katherine Hardwick Johnson, Atty., Dept. of Justice, Washington, D. C., with whom Warren E. Burger, Asst. Atty. Gen., Edward H. Hickey, Chief, Gen. Litigation Section, Dept. of Justice, and James A. Durham, Acting Gen. Counsel, Israel Convisser, Asst. Gen. Counsel, Washington, D. C., and Bernard A. Goodkind, Atty., Economic Stabilization Agency, New York City, were on the brief, for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

MAGRUDER, Judge.

Complainants Haldeman Creamery, Inc., and Newton B. Shingleton are locally established processors and distributors of fluid milk in the Winchester, Virginia, Milk Market Area, as defined by the State Milk Commission. That commission, established under Ch. 357 of the Acts of the General Assembly of Virginia, approved March 29, 1934, regulates the minimum price of fluid milk paid to milk producers by complainants, and also the minimum price to be charged...

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