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LAWSON MILK COMPANY v. BENSON

Civ. A. No. 34708.

187 F.Supp. 66 (1960)

LAWSON MILK COMPANY, a corporation, Plaintiff, v. Ezra Taft BENSON, Secretary of Agriculture, Defendant.

United States District Court N. D. Ohio, E. D.

August 18, 1960.

Attorney(s) appearing for the Case

H. Keith Eisaman, Landon G. Dowdey, Washington, D. C. (W. O. Handy, Cleveland, Ohio, of counsel), for plaintiff.

Julius C. Krause, Office of the General Counsel, U. S. Dept. of Agriculture, Washington, D. C. (Russell E. Ake, U. S. Dist. Atty., and William J. O'Neill, Asst. U. S. Dist. Atty., Cleveland, Ohio, of counsel), for defendant.

Glen W. Wagner, Port Clinton, Ohio (Thomas J. Quigley, Squires, Sanders & Dempsey, Cleveland, Ohio, of counsel), amicus curiae.

McNAMEE, Chief Judge.

The plaintiff, the Lawson Milk Company, is a corporation with its principal place of business in Cuyahoga Falls, Summit County, Ohio, within this district. Plaintiff brings this action pursuant to Section 8c(15) (B) of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 608c(15) (A), and Amendments, (hereinafter the Act), to review a ruling of the Judicial Officer of the United States Department of Agriculture dismissing on the...

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