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IDEAL FARMS, INC. v. BENSON

No. 13263.

288 F.2d 608 (1961)

IDEAL FARMS, INC. and Franklin Lakes Dairy Producers, Inc., Plaintiffs-Appellants, v. Ezra Taft BENSON, Secretary of Agriculture of the United States of America, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided February 27, 1961.

Rehearing Denied March 23, 1961.

Attorney(s) appearing for the Case

Willis F. Daniels, Harrisburg, Pa. (Daniels & Swope, Harrisburg, Pa., Edward G. Weiss, Paterson, N. J., on the brief), for appellants.

Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, Washington, D. C., on the brief), for defendant-appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

This appeal attacks the validity of § 927.65 of Federal Marketing Order No. 27 (Order 27),1 issued by the Secretary of Agriculture pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (Act), 7 U.S.C.A. § 601 et seq. Order 27 regulates the handling of milk in the New York-New Jersey metropolitan area.

During 1956 and 1957 hearings were...

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