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BROWN v. UNITED STATES

Nos. 8291, 8292.

367 F.2d 907 (1966)

Fred A. BROWN and Jennie B. Brown, d/b/a Gem Dairy, Appellants, v. UNITED STATES of America, and Orville L. Freeman, Secretary of Agriculture, Appellees. UNITED STATES of America, Appellant, v. Fred A. BROWN and Jennie B. Brown, d/b/a Gem Dairy, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 6, 1966.

Attorney(s) appearing for the Case

George Louis Creamer, Denver, Colo. (Nathan H. Creamer, Denver, Colo., with him on the brief), for appellants Fred A. Brown, and others.

Frederick B. Abramson, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Washington, D. C., and Lawrence M. Henry, U. S. Atty., Denver, Colo., with him on the brief), for appellees United States, and Orville L. Freeman.

Before PICKETT and HICKEY, Circuit Judges, and CHRISTENSEN, District Judge.

PICKETT, Circuit Judge.

On November 1, 1961, the Secretary of Agriculture, acting pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq., promulgated Milk Marketing Order No. 137 for the Eastern Colorado Marketing Area. 7 C.F.R. 1137.1, et seq. The purpose of the Order was to equalize and stabilize the price to be paid for milk produced within the area, regardless of the use of the milk by the purchasers, or "handlers...

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