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STATE OF MINNESOTA v. BENSON

Civ. A. No. 18-59.

172 F.Supp. 903 (1959)

STATE OF MINNESOTA ex rel. Miles LORD, Attorney General, Plaintiff, v. Ezra T. BENSON, Secretary of Agriculture, Defendant.

United States District Court District of Columbia.

May 11, 1959.

Attorney(s) appearing for the Case

Eugene Gressman, Washington, D. C., Sydney Berde and Walter F. Mondale, Sp. Asst. Attys. Gen., for State of Minnesota, for plaintiff.

J. C. Krause, Dept. of Agriculture, Washington, D. C., for defendant.

W. E. McIntyre, Sp. Asst. Atty. Gen. for State of Mississippi.

HOLTZOFF, District Judge.

This is an action brought by the State of Minnesota on the relation of its Attorney General against the Secretary of Agriculture for a declaratory judgment that would adjudicate that a provision of one of the milk marketing orders issued by the Secretary of Agriculture is invalid. This order was issued under the provisions of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 601 et seq.

At the threshold, the plaintiff...

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