GRANT v. BENSON

Nos. 12478, 12498.

229 F.2d 765 (1955)

Oscar L. GRANT et al., Appellants, v. Ezra Taft BENSON et al., Appellees. Ezra Taft BENSON et al., Appellants, v. Oscar L. GRANT et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1955.

Writ of Certiorari Denied April 9, 1956.


Attorney(s) appearing for the Case

Messrs. Willis F. Daniels, of the bar of the Supreme Court of Pennsylvania, Harrisburg, Pa., pro hac vice, by special leave of Court, and Harry Polikoff, New York City, with whom Mr. Lipman Redman, Washington, D. C., was on the brief, for appellants in No. 12478 and appellees in No. 12498.

Messrs. Bernard L. Goodman and George Herbert Goodrich, Washington, D. C., also entered appearances for appellants in No. 12478 and appellees in No. 12498.

Mr. Neil Brooks, Sp. Asst. to Atty. Gen., U. S. Dept. of Justice, with whom Messrs. J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., U. S. Dept. of Justice, and Donald A. Campbell, Atty., U. S. Dept. of Agriculture, were on the brief, for Ezra Taft Benson, appellee in No. 12478 and appellant in No. 12498.

Mr. Keith L. Seegmiller, Washington, D. C., for Daniel J. Carey, Commissioner of Agriculture and Markets of the State of New York, appellee in No. 12478 and appellant in No. 12498.

Mr. Frederic P. Lee, Washington, D. C., filed a brief on behalf of Adams Producers Cooperative, Inc., and others, Metropolitan Cooperative Milk Producers' Bargaining Agency, Inc., and Mutual Federation of Independent Cooperatives, Inc., appellees in No. 12478 and appellants in No. 12498.

Mr. Marion R. Garstang, Washington, D. C., filed a brief on behalf of National Milk Producers Federation, as amicus curiae, in support of the judgment.

Mr. H. Keith Eisaman, Washington, D. C., filed a brief on behalf of Eastern Milk Producers Cooperative Association, Inc., as amicus curiae, in support of the stay pending appeal and urging reversal of the judgment.

Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.


Writ of Certiorari Denied April 9, 1956. See 76 S.Ct. 658.

FAHY, Circuit Judge.

The appeals involve the validity of payments authorized by certain parts of an Order regulating the marketing of milk in the New York Metropolitan Milk Marketing Area. The District Court sustained the payments as valid. The Order which provides for them, known as Order No. 27, 7 C.F.R. §§ 927.1 et seq. (1952), as amended, 7 C.F.R. §§ 927.1 et seq. (Supp.1955...

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