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UNITED STATES v. PAUL

No. 43612.

244 F.Supp. 452 (1965)

UNITED STATES of America, Plaintiff, v. Charles PAUL, Director of Agriculture, State of California, and Thomas C. Lynch, Attorney General, State of California, Defendants.

United States District Court N. D. California, S. D.

July 14, 1965.

Attorney(s) appearing for the Case

Cecil Poole, U. S. Atty., Howard E. Shapiro, Atty., Dept. of Justice, for plaintiff.

Thomas C. Lynch, Atty. Gen., State of California, San Francisco, Cal., for defendants.

Steck & Marston, Pasadena, Cal., for Dairy Institute.

McVay, Reid & Azevedo, Modesto, Cal., for Milk Producers.

Schofield, Hanson, Bridgett, Marcus & Jenkins, San Francisco, Cal., amici curiae.

Joseph A. Rattigan, Santa Rosa, Cal., and Cushing, Cullinan, Hancock & Rothert, San Francisco, Cal., for Petaluma Cooperative Creamery.

Before JERTBERG, Circuit Judge, and HARRIS and SWEIGERT, District Judges.

SWEIGERT, District Judge.

This case is before the Court upon an application by the United States for a preliminary injunction restraining the Director of Agriculture and the Attorney General of California from enforcing the provisions of the California Agricultural Code, and regulations thereunder, insofar as they prohibit the sale of milk to United States military installations in California at less than "cost" as defined by the applicable statutes and regulations...

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