UNITED STATES v. SUNSHINE DAIRY

No. 13830.

215 F.2d 879 (1954)

UNITED STATES of America, Appellant, v. SUNSHINE DAIRY, Inc., a Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

September 27, 1954.


Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Edward H. Hickey, Oliver C. Biddle, Washington, D. C., Benjamin Forman, New York City, T. S. L. Perlman, Attys., Dept. of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Eugene, Or., Victor E. Harr, Asst. U. S. Atty., Portland, Or., for appellant.

Thomas H. Ryan, Anthony Pelay, Jr., Ryan & Pelay, Portland, Or., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

The appellee in this case, hereafter called Sunshine, is an Oregon corporation licensed by the State as an authorized distributor and dealer of fluid milk and cream suitable for human consumption in the Portland marketing area. The Veterans' Administration, an agency of the United States, operates a hospital known as Marquam Hill in Portland, Oregon. The legal title to this institution and the ground thereof is and long has been in the United...

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