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UNITED STATES v. LEHIGH VALLEY COOPERATIVE FARMERS

Nos. 23268, 26048, 26109.

183 F.Supp. 80 (1960)

UNITED STATES of America, Plaintiff, v. LEHIGH VALLEY COOPERATIVE FARMERS and Suncrest Farms, Inc., Defendants. LEHIGH VALLEY COOPERATIVE FARMERS, INC., Plaintiff, v. Ezra Taft BENSON, Secretary of Agriculture of the United States of America, Defendant. SUNCREST FARMS, INC., Plaintiff, v. Ezra Taft BENSON, Secretary of Agriculture of the United States of America, Defendant.

United States District Court E. D. Pennsylvania.

April 25, 1960.

Attorney(s) appearing for the Case

Walter E. Alessandroni and Richard Reifsnyder, Asst. U. S. Attys., Philadelphia, Pa., for the United States. John M. Durbin, U. S. Dept. of Agriculture, Washington, D. C., of counsel.

Willis F. Daniels, Daniels & Swope, Harrisburg, Pa., C. Weston Overholt, Jr., Philadelphia, Pa., for Lehigh Valley Cooperative Farmers, Inc., and Suncrest Farms, Inc.

Benjamin M. Quigg, Jr., Philadelphia, Pa., Anson W. H. Taylor, Jr., New York City, Richard Wiles, Syracuse, N. Y., William J. Moore, Frank B. Lent, New York City, and Morgan, Lewis & Bockius, Philadelphia, Pa., filed a brief for Dairymen's League Co-operative Association, Inc., Metropolitan Co-operative Milk Producers Bargaining Agency, Inc. and Mutual Federation of Independent Co-operatives, Inc., as amici curiae, in support of the government's cross-motions for summary judgment.

CLARY, District Judge.

This action arises under the Agriculture Adjustment Act of 1933, as amended by the Agricultural Marketing Agreement Act of 1937 (hereinafter referred to as the "Act"), 7 U.S.C.A. § 601 et seq. Section 608c(15) (B) of that Act authorizes a district court's review of the rulings of the judicial officer of the United States Department of Agriculture, who acts pursuant to authority delegated to him by the Secretary of Agriculture. The particular...

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