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STROUD v. BENSON

No. 7555.

254 F.2d 448 (1958)

Quentin STROUD et al., Appellants, v. Ezra T. BENSON, Secretary of Agriculture of the United States of America, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 1, 1958.

Attorney(s) appearing for the Case

Jesse A. Jones, Kinston, N. C. (Jones, Reed & Griffin, Kinston, N. C., and M. E. Cavendish, Greenville, N. C., on brief), for appellants.

Samuel D. Slade, Attorney, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Julian T. Gaskill, U. S. Atty., Raleigh, N. C., and Lionel Kestenbaum, Attorney, Department of Justice, Washington, D. C., on brief), for appellee, Ezra T. Benson, Secretary of Agriculture.

William T. Joyner, Raleigh, N. C., for appellee, Flue-Cured Tobacco Cooperative Stabilization Corp.

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

SOBELOFF, Circuit Judge.

A number of tobacco farmers instituted suit in the United States District Court for the Eastern District of North Carolina against the Secretary of Agriculture and others to contest the validity of provisions of the 1957 tobacco price support program which required certain varieties of tobacco, known as "discount varieties," to be identified as such when offered for sale on auction warehouse floors. The plaintiffs complained of arbitrary,...

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