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CALHOUN v. FREEMAN

No. 16834.

316 F.2d 386 (1963)

John E. CALHOUN et al., d/b/a Rosendahl Guernsey Farms, et al., Appellants, v. Orville FREEMAN, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Mr. John B. Carroll, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Robert Reed Gray was on the brief, for appellants. Mr. Laurence A. Short also entered an appearance for appellants.

Mrs. Pauline B. Heller, Attorney, Department of Justice, with whom Mr. William H. Orrick, Jr., Asst. Atty. Gen., at the time the brief was filed, Messrs. David C. Acheson, U. S. Atty., Neil Brooks, Asst. Gen. Counsel, Department of Agriculture, and Alan S. Rosenthal, Attorney, Department of Justice, were on the brief, for appellee.

Before WILBUR K. MILLER, WASHINGTON and BURGER, Circuit Judges.

PER CURIAM.

Plaintiffs-appellants are dairy farmers in upper New York state. They are deemed "producer-handlers" for purposes of the New York-New Jersey area milk marketing order of the Secretary of Agriculture,1 and process, bottle and distribute about 78% of their milk in that area. Most of the remainder of their milk is sold in its raw state to processors in the Greater Boston Marketing Area — an area also covered by a Federal...

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