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STATE v. BENSON

No. 15246.

274 F.2d 764 (1960)

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

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1960.

Attorney(s) appearing for the Case

Mr. Sydney Berde, St. Paul, Minn., of the bar of the Supreme Court of Minnesota, pro hac vice, by special leave of court, with whom Mr. Max M. Kampelman, Washington, D. C., was on the brief, for appellant. Messrs. Eugene Gressman and Daniel M. Singer, Washington, D. C., also entered appearances for appellant.

Mr. Seymour Farber, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellee.

Mr. William E. Torkelson, Madison, Wis., filed a brief on behalf of the State of Wisconsin, as amicus curiae, urging reversal.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

FAHY, Circuit Judge.

In the District Court the State of Minnesota, on relation of her Attorney General, sued the Secretary of Agriculture of the United States for a declaratory judgment that a milk marketing order of the Secretary, issued November 26, 1958, regulating the marketing of milk in the Mississippi Gulf Coast Marketing Area, was unlawful. The order is found in 7 C.F.R. § 1014.1-.101 (Supp. 1959) and was made by the Secretary under the authority of the...

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