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WOLFF v. BENSON

No. 14219.

258 F.2d 428 (1958)

Sol M. WOLFF, et al., t/a S. M. Wolff Company, Appellants, v. Ezra T. BENSON, Secretary, United States Department of Agriculture, and United States Tariff Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1958.

Attorney(s) appearing for the Case

Messrs. Edwin G. Martin and Lowry N. Coe, Washington, D. C., for appellants.

Mr. Lionel Kestenbaum, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Mr. Oliver Gasch, U. S. Atty., and Mr. Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellees. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellees.

Before PRETTYMAN and WASHINGTON, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

PER CURIAM.

Appellants import dried figs and fig paste. In the District Court they alleged that subordinates of the Secretary of Agriculture have conspired with the California Fig Institute to devise a plan to restrict imports of dried figs and fig paste. The plan, it was asserted, was to promulgate a "Marketing Agreement and Order" for California dried figs under the Agricultural Adjustment Act2

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