MUSTAIN v. UNITED STATES

No. 6963.

314 F.2d 113 (1963)

Earl MUSTAIN, d/b/a Mustain Cash Store, et al., Petitioners, v. UNITED STATES of America, Orville L. Freeman, Secretary of Agriculture of the United States, G. R. Grange, Acting Director of Fruit and Vegetable Division of the United States Department of Agriculture, and W. E. Paulson as head of the Regulatory Branch of the Fruit and Vegetable Division of the Agriculture Marketing Service of the United States Department of Agriculture, Respondents.

United States Court of Appeals Tenth Circuit.

January 29, 1963.


Attorney(s) appearing for the Case

William A. Black, Denver, Colo., for petitioners.

Barbara W. Deutsch, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., and Sherman L. Cohn, Washington, D. C., on the brief), for respondents.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

Petitioners seek to invoke the jurisdiction of this court under the Hobbs Act, 5 U.S.C.A. § 1032, as a means of receiving relief from certain procedures taken by the Department of Agriculture in the administration of the Perishable Agricultural Commodities Act, 1930, 46 Stat. 531, as amended, 7 U.S.C.A. § 499a. Complaint is made that respondent Paulson, in his capacity as a designated officer of the Department of Agriculture, has by...

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