UNITED STATES v. LO BUE BROTHERS

No. 16230.

274 F.2d 159 (1959)

UNITED STATES of America, Appellant, v. LO BUE BROTHERS, a Partnership; Mario Lo Bue, Fred Lo Bue, and Joseph Lo Bue, Partners; and William Luther Woodall, Appellees.

United States Court of Appeals Ninth Circuit.

December 21, 1959.


Attorney(s) appearing for the Case

George C. Doub, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Neil Brooks, Asst. Gen. Counsel, John S. Griffin, Los Angeles, Cal., Donald A. Campbell, Attys., Dept. of Agriculture, Washington, D. C., Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Jordan A. Dreifus, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

G. V. Weikert, Los Angeles, Cal., for appellees.

Allen F. Mather, Los Angeles, Cal., Karl D. Loos, Washington, D. C., for amicus curiae Sunkist Growers, Inc.

Before STEPHENS and HAMLIN, Circuit Judges, and LINDBERG, District Judge.


HAMLIN, Circuit Judge.

The United States filed an action in the District Court for the Southern District of California pursuant to the provisions of Section 8a(5)-(7) of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C.A. § 601 et seq. (the Act) and 28 U.S.C.A. §§ 1345 and 1355. Named as defendants, appellees here, were Mario, Fred and Joseph Lo Bue, doing business under the partnership name of Lo Bue Brothers, and their sales manager...

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