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UNITED STATES v. LEWES DAIRY, INC.

Nos. 14642, 14643.

337 F.2d 827 (1964)

UNITED STATES of America, Appellant, v. LEWES DAIRY, INC. LEWES DAIRY, INC., and Clifford S. Ott and James M. Faulkner, Individually and as Co-partners Doing Business as Hollybrook Dairy, a Co-partnership, v. Orville L. FREEMAN, as Secretary of Agriculture, Appellant.

United States Court of Appeals Third Circuit.

Decided October 14, 1964.

Certiorari Denied February 1, 1965.

Attorney(s) appearing for the Case

Richard S. Salzman, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Alexander Greenfeld, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Neil Brooks, Asst. Gen. Counsel, J. Charles Krause, Joseph A. Walsh, Attys., Dept. of Agriculture, Washington, D. C., on the brief), for appellants.

Andrew B. Kirkpatrick, Jr., Wilmington, Del. (James M. Tunnell, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Ben Ivan Melnicoff, Washington, D. C., on the brief), for Lewes Dairy, Inc.

M. R. Garstang, Gen. Counsel, National Milk Producers Federation, Washington, D. C., E. M. Norton, Washington, D. C., Frank B. Lent, William J. Moore, New York City, Richard Wiles, Syracuse, N. Y., of counsel, as amicus curiae in behalf of National Milk Producers Federation.

Walter F. Mondale, Atty. Gen., State of Minnesota, Sydney Berde, Sp. Asst. Atty. Gen., St. Paul, Minn., amicus curiae for the State of Minnesota.

Before KALODNER, FORMAN and SMITH, Circuit Judges.

Certiorari Denied February 1, 1965. See 85 S.Ct. 720.

KALODNER, Circuit Judge.

The United States instituted a proceeding in the District Court against Lewes Dairy, Inc., to enforce compliance with the provisions of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 601 et seq., and of the Marketing Order (Order No. 127, later renumbered No. 16) regulating the handling of milk in the Upper Chesapeake Bay, Maryland marketing area ...

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