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SWIFT & COMPANY v. UNITED STATES

No. 7579.

257 F.2d 787 (1958)

SWIFT & COMPANY, National Biscuit Company, and The Great Atlantic & Pacific Tea Company, Appellants and Cross-Appellees, v. UNITED STATES of America, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 12, 1958.

Certiorari Denied October 13, 1958.

Attorney(s) appearing for the Case

David R. Owen, Baltimore, Md. (Semmes, Bowen & Semmes, Baltimore, Md., on the brief), for appellant and cross-appellee, Swift & Co.

William L. Marbury and John Martin Jones, Jr., Baltimore, Md. (William E. MacKay, Walter S. Halliday, Jr., and Fred E. Campbell, New York City, on the brief), for National Biscuit Co. and the Great Atlantic & Pacific Tea Co., appellants and cross-appellees.

George Cochran Doub, Asst. Atty. Gen., and Marvin C. Taylor, Sp. Litigation Counsel, Dept. of Justice, Washington, D. C. (Leon H. A. Pierson, U. S. Atty., Baltimore, Md., on the brief), for United States, appellee and cross-appellant.

M. R. Garstang, Washington, D. C., for National Milk Producers Federation, amicus curiae.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

Certiorari Denied October 13, 1958. See 79 S.Ct. 60.

SOPER, Circuit Judge.

The United States in these suits seeks to recover substantial sums of money paid by the Department of Agriculture, acting through the Commodity Credit Corporation, to Swift & Company, National Biscuit Company and the Great Atlantic and Pacific Tea Company under a program for price support of milk, butterfats and the products of such commodities

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