UNITED MILK PRODUCERS OF NEW JERSEY et al., Appellants,
v.
Ezra Taft BENSON, Secretary of Agriculture of the United States, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 25, 1955.
Decided June 23, 1955.
Attorney(s) appearing for the Case
Mr. Robert Henry O'Brien, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. William P. Murray, New York City, was on the brief, for appellants. Mr. Michael F. X. Dolan, Washington, D. C., also entered an appearance for appellants.
Mr. Neil Brooks, Sp. Asst. to Atty. Gen., United States Department of Justice, with whom Messrs. J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., United States Department of Justice, and Donald A. Campbell, Attorney, United States Department of Agriculture, were on the brief, for appellee. Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellee.
Mr. Keith L. Seegmiller, Washington, D. C., filed a brief on behalf of Daniel J. Carey, Commissioner of Agriculture and Markets of the State of New York, as amicus curiæ, urging affirmance.
Messrs. Frederic P. Lee and Ralph A. Gilchrist, Washington, D. C., filed a brief on behalf of Metropolitan Milk Producers Bargaining Agency, Inc., and Mutual Federation of Independent Cooperatives, Inc., as amici curiæ, urging affirmance.
Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
FAHY, Circuit Judge.
Plaintiffs appeal from an order of the District Court dismissing their complaint on motion of defendant, the Secretary of Agriculture, for lack of standing on their part to maintain the action. We affirm.
Plaintiffs are corporate and individual producers and sellers of milk in the State of New Jersey. They compete with producers located out-of-State who sell to distributors who in turn transport the milk into New Jersey and sell it there...
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