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SAFEWAY STORES, INC. v. FREEMAN

Nos. 19859, 19860.

369 F.2d 952 (1966)

SAFEWAY STORES, INC., Appellant, v. Orville FREEMAN, Secretary of Agriculture, Appellee. The GREAT ATLANTIC & PACIFIC TEA COMPANY, Inc., Appellant, v. Orville L. FREEMAN, Secretary of Agriculture, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 6, 1966.

Attorney(s) appearing for the Case

Mr. Arthur B. Hanson, Washington, D. C., with whom Mr. W. Frank Stickle, Jr., Washington, D. C., was on the brief, for appellant in No. 19859.

Mr. Denis G. McInerney, Washington, D. C., with whom Mr. Donald J. Mulvihill, Washington, D. C., was on the brief, for appellant in No. 19860.

Mr. Edward Berlin, Atty., Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., Messrs. David G. Bress, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellee.

Messrs. James McI. Henderson, Gen. Counsel, and Harold D. Rhynedance, Jr., Atty., F. T. C., filed brief for amicus curiae Federal Trade Commission.

Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.

FAHY, Circuit Judge.

Appellants, Safeway Stores, Incorporated, hereinafter Safeway, and the Great Atlantic & Pacific Tea Company, Inc., hereinafter A & P, brought actions under 28 U.S.C. §§ 2201-2202 (1964) for declaratory judgments and restraining orders against the Secretary of Agriculture,1 appellee, to void the determination of the Secretary that within the meaning of the Packers and Stockyards Act, 1921,

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