BENSON v. SCHOFIELD

Nos. 13127, 13128.

236 F.2d 719 (1956)

Ezra T. BENSON, Secretary of Agriculture, Appellant, v. Arthur SCHOFIELD et al., Appellees. NEW ENGLAND MILK PRODUCERS' ASSOCIATION, a Massachusetts corporation, et al., Appellants, v. Arthur SCHOFIELD et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1956.

Petition for Rehearing Denied September 11, 1956.


Attorney(s) appearing for the Case

Mr. Samuel D. Slade, Attorney, Department of Justice, with whom Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, Herman Marcuse, Attorney, Department of Justice, and Neil Brooks, Assistant General Counsel, Department of Agriculture, were on the brief, for appellant in case No. 13,127. Mr. Oliver Gasch, U. S. Atty., also entered an appearance for appellant in case No. 13,127.

Mr. Reuben Hall, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Messrs. John W. Cragun and Robert W. Barker, Washington, D. C., were on the brief, for appellants in case No. 13,128.

Mr. Edmund Burke, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Mr. Robert W. Lishman, Washington, D. C., was on the brief, for appellees.

Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.


Petition for Rehearing In Banc Denied September 11, 1956.

DANAHER, Circuit Judge.

Appellees as officials of a voluntary association of Massachusetts milk producers1 sought, and the District Court granted, a preliminary injunction which enjoins and restrains the Secretary of Agriculture from promulgating or making effective that part of his proposed order which would extend the limits of the Greater Boston Marketing Area to reach...

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