MARIO MERCADO E HIJOS v. BENSON

No. 12747.

231 F.2d 251 (1956)

MARIO MERCADO E HIJOS (Central Rufina), Appellant, v. Ezra Taft BENSON, Secretary of Agriculture, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 22, 1956.


Attorney(s) appearing for the Case

Mr. Darwin Charles Brown, Washington, D. C., of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. Harold Leventhal, Washington, D. C., was on the brief, for appellant. Mr. David Ginsburg, Washington, D. C., also entered an appearance for appellant.

Mr. Neil Brooks, Asst. Gen. Counsel, United States Dept. of Agriculture, with whom Messrs. Leo A. Rover, U. S. Atty., Paul A. Sweeney, Atty., Dept. of Justice, and Donald A. Campbell, Atty., U. S. Dept. of Agriculture, were on the brief, for appellees. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and FAHY, Circuit Judges.


EDGERTON, Chief Judge.

Appellant, a producer-processor of sugar in Puerto Rico, seeks declaratory and injunctive relief against action of the Secretary of Agriculture under the Sugar Act of 1948, 61 Stat. 922, 7 U.S.C.A. § 1100 ff. The Act authorizes the Secretary to make certain payments, from funds appropriated by Congress, to producer-processors who comply with certain conditions, one of which is that they pay, for beets or cane grown by other producers...

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