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FREEMAN v. BROWN

No. 21588.

342 F.2d 205 (1965)

Orville FREEMAN, Secretary of Agriculture of the United States of America, Appellant, v. Darius N. BROWN et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 26, 1965.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Martin Jacobs, Atty., Dept. of Justice, Washington, D. C., Neil Brooks, Asst. General Counsel, Howard Rooney, Atty., Dept. of Agriculture, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Donald H. Fraser, U. S. Atty., of counsel, for appellant.

Homer S. Durden, Jr., Swainsboro, Ga., Thomas B. Bird, Jr., Henry C. Hamilton, Monticello, Fla., Jack A. Hornett, Asst. Atty. Gen., Tallahassee, Fla., for appellees.

Before BROWN and BELL, Circuit Judges, and SPEARS, District Judge.

GRIFFIN B. BELL, Circuit Judge.

This is an appeal by the Secretary of Agriculture from an order of the District Court permanently enjoining him from enforcing a cut in acreage allotments on Type 14 flue-cured tobacco for the 1964-65 tobacco marketing year below allotments for the 1963-64 marketing year. Plaintiffs, appellees here, are tobacco farmers and producers of Type 14 flue-cured tobacco. The basis of their class action against the Secretary was that he had...

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