FREEMAN v. HYGEIA DAIRY COMPANY

No. 19811.

326 F.2d 271 (1964)

Orville FREEMAN, U. S. Secretary of Agriculture, Appellant, v. HYGEIA DAIRY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1964.


Attorney(s) appearing for the Case

Alan S. Rosenthal, Pauline B. Heller, Attys., Dept. of Justice, Washington, D. C., Homero M. Lopez, Asst. U. S. Atty., Brownsville, Tex., Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Woodrow Seals, U. S. Atty., for appellant.

James R. Sloan, Austin, Tex., Lorimer Brown, Harlingen, Tex., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.


SIMPSON, District Judge.

This is an appeal by the appellant, the Secretary of Agriculture, from the District Court's ruling that his amended Order No. 98, as promulgated on August 14, 1957, was not issued in accordance with law. Specifically, the lower court held on a petition filed by Hygeia Dairy Company, a milk handler,1 that the Secretary failed to properly conduct the referendum for producers' approval of this amended Order No. 98...

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