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FREEMAN v. VANCE

No. 18731.

319 F.2d 841 (1963)

Orville L. FREEMAN, Secretary of Agriculture, Appellant, v. L. B. VANCE and Ford Vance, Partners, doing business as Vance Dairy, Appellees.

United States Court of Appeals Fifth Circuit.

June 19, 1963.

Attorney(s) appearing for the Case

Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Robert E. Hauberg, U. S. Atty., E. R. Holmes, Jr., Asst. U. S. Atty., Jackson, Miss., for appellant.

Alfred Moore, Hattiesburg, Miss. (W. E. McIntyre, Jr., Brandon, Miss., John B. Carroll, Syracuse, N. Y., R. Emmett Kerrigan, New Orleans, La., amici curiae), John A. Cardon, Washington, D. C., for appellees.

Before RIVES, JONES and BROWN, Circuit Judges.

PER CURIAM.

This appeal is from a judgment concluding:

"That the amendment to p. 987.16 of Order No. 87, issued by the Secretary of Agriculture and made effective on and after April 1, 1957, insofar as it made milk produced by the person who also operated the plant in which it was processed and from which it was distributed as fluid milk in the marketing area, subject to the pricing, pooling and administrative assessment provisions of the order, was not in...

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