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WILLOW FARMS DAIRY, INC. v. BENSON

No. 8065.

276 F.2d 856 (1960)

WILLOW FARMS DAIRY, INC., Appellant, v. Ezra T. BENSON, Secretary of Agriculture, and Maryland Cooperative Milk Producers, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 12, 1960.

Attorney(s) appearing for the Case

Charles G. Page, Baltimore, Md. (White, Page & Lentz, Baltimore, Md., on the brief), for appellant.

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., Seymour Farber, Atty., Dept. of Justice, Washington, D. C., Neil Brooks, Asst. Gen. Counsel, and J. Charles Krause, Atty., Dept. of Agriculture, Washington, D. C., on the brief), for appellee, Ezra T. Benson, Secretary of Agriculture.

Philip B. Perlman, Washington, D. C. (Ellis Lyons; Perlman, Lyons & Emmerglick, Washington, D. C., and Harry Troth Gross, Baltimore, Md., on the brief), for appellee, Maryland Cooperative Milk Producers, Inc.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of Chief Judge Thomsen, of the United States District Court for the District of Maryland, dismissing the complaint of Willow Farms Dairy, Inc., upon the sole ground that the District Court was without jurisdiction.

This action was commenced by what is alleged to be "a bill in equity within the meaning of Title 7, U.S.C., 608c(15), to review adverse rulings of the Secretary of Agriculture with regard to an order entitled...

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