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NEWARK MILK AND CREAM CO. v. BENSON

No. 13161.

287 F.2d 681 (1961)

NEWARK MILK AND CREAM CO., Plaintiff-Appellant, 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.

Attorney(s) appearing for the Case

Edward J. Gilhooly, Newark, N. J. (Gilhooly, Yauch & Fagan, Newark, N. J., on the brief), for appellant.

Mark R. Joelson, Washington, D. C., (George Cochran Doub, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of New Jersey granting a motion by the appellee, the Secretary of Agriculture of the United States of America (the Secretary), for summary judgment1 and denying a similar motion by the appellant, Newark Milk and Cream Company (Newark Milk). Involved is the construction to be given certain...

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