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FLORIDA CITRUS EXCHANGE v. FOLSOM

Nos. 15934, 15948.

246 F.2d 850 (1957)

FLORIDA CITRUS EXCHANGE et al., Appellants, v. M. B. FOLSOM, Secretary of The Department of Health, Education and Welfare, Appellee. Frank R. SCHELL, Appellant, v. M. B. FOLSOM, Secretary of The Department of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 28, 1957.

Attorney(s) appearing for the Case

J. Hardin Peterson and J. Hardin Peterson, Jr., Lakeland, Fla., for Florida, Citrus Exchange, et al.

J. Lewis Hall, Tallahassee, Fla., for Frank R. Schell.

William W. Goodrich, Asst. Gen. Counsel, John T. Grigsby, Atty. Criminal Div., Warren Olney, III, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellee.

Vincent A. Kleinfeld, Washington, D. C., for Chase & Co. et al., as amici curiae.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

In the nineteen-thirties growers and packers of oranges in Florida and Texas began the practice of adding color to the rind of oranges. Early oranges, maturing during warm weather, will ripen to full maturity with the skin still green in color. Oranges maturing in the late winter or spring may fully ripen and undergo a "regreening" of the rind. The orange-purchasing public requires an orange-colored orange and will not accept those with green...

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