UNITED STATES v. LEHIGH VALLEY COOP. FARMERS, INC.

Nos. 13289-13291.

287 F.2d 726 (1961)

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

United States Court of Appeals Third Circuit.

Decided February 20, 1961.

Rehearing Denied March 10, 1961.


Attorney(s) appearing for the Case

Neil Brooks, Asst. Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., J. Charles Krause, Atty., United States Dept. of Agriculture, Washington, D. C., on the brief), for appellant.

Willis F. Daniels, Harrisburg, Pa., (Harold W. Swope, Harrisburg, Pa. Weston C. Overholt, Jr., Philadelphia, Pa., on the brief), for appellee.

David D. Furman, Atty. Gen. of New Jersey, William D. Hill, Deputy Atty. Gen., on brief for Floyd R. Hoffman, Director of Office of Milk Industry, Dept. of Agriculture of New Jersey, amicus curiae.

Frederic P. Lee, Washington, D. C., Benjamin M. Quigg, Jr., Philadelphia, Pa., John A. Cardon, Washington, D. C., Leslie H. Deming, Syracuse, N. Y., Frank B. Lent, New York City, William J. Moore, New York City, Anson W. H. Taylor, Jr., Philadelphia, Pa., Richard Wiles, Syracuse, N. Y., on brief on behalf of Dairymen's League Cooperative Ass'n, Inc., and others, amici curiae.

Reuben Hall, Boston, Mass., Benjamin M. Quigg, Jr., Philadelphia, Pa., Hardy, Hall & Grimes, Boston, Mass., Morgan, Lewis & Bockius, Philadelphia, Pa., on brief, for New England Milk Producers' Ass'n, amicus curiae.

Edward P. Little, Jr., Montrose, Pa., Daniel C. Williams, Syracuse, N. Y., on brief for Eastern Milk Producers Co-operative Ass'n, Inc., amicus curiae.

Robert G. Blabey, Counsel to the Dept. of Agriculture and Markets of New York, Albany, N. Y., on the brief, for Don J. Wickham, Com'r of Agriculture and Markets of New York, amicus curiae.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The prime issue presented by these appeals is whether certain provisions of New York-New Jersey Milk Marketing Order, 7 C.F.R. § 927.1 et seq., (hereinafter referred to as Order No. 27), requiring all non-pool handlers of milk, to make a "compensatory payment" to the Producers Settlement Fund for all non-pool fluid milk distributed by them in the marketing area, 7 C.F.R. §§ 927.83, 927.84, contravenes the Agricultural Adjustment...

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