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SOUTHERN MILLING COMPANY v. UNITED STATES

No. 17626.

270 F.2d 80 (1959)

SOUTHERN MILLING COMPANY, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 25, 1959.

Attorney(s) appearing for the Case

T. Baldwin Martin, Macon, Ga., Martin, Snow, Grant & Napier, Macon, Ga., of counsel, for appellant.

Erwin A. Friedman, Perry Brannen, Savannah, Ga., William T. Morton, Asst. U. S. Atty., Augusta, Ga., Brannen, Clark & Hester, Savannah, Ga., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellees.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

On April 23, 1954, the United States Department of Agriculture issued its Announcement No. LD-6 offering, on behalf of Commodity Credit Corporation, to sell in car lots nonfat dry milk for use, prior to November 1, 1954, as an ingredient in animal and poultry mixed feeds at 3.5 cents per pound. Paragraph 5 of the Announcement stipulated for a use warranty by the purchaser that milk would not be sold by it except in the form of mixed animal or...

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