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SWIFT & COMPANY v. WICKHAM

No. 348, Docket 30281.

364 F.2d 241 (1966)

SWIFT & COMPANY, Inc., and Armour and Company, Appellants, v. Don J. WICKHAM, Commissioner of Agriculture and Markets of the State of New York, Appellee.

United States Court of Appeals Second Circuit.

Decided July 12, 1966.

Attorney(s) appearing for the Case

William J. Condon, New York City (William J. Colavito and William P. Woods, New York City, and Arthur C. O'Meara, Chicago, Ill., on the brief), for appellant Swift & Co.

George E. Leonard, Jr., and E. Gordon Robbins, Chicago, Ill., for appellant Armour & Co.

Philip Kahaner, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Joel Lewittes, Asst. Atty. Gen., New York City, on the brief), for appellee.

Thurgood Marshall, Sol. Gen., John W. Douglas, Asst. Atty. Gen., Jack S. Levin, Asst. to Sol. Gen., Sherman L. Cohn, Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

Following a decision by the United States Supreme Court that it lacked jurisdiction on a direct appeal because the case was not properly one for a three-judge district court, 382 U.S. 111, 86 S.Ct. 258, 15 L.Ed.2d 194 (1965), appellants Swift & Company, Inc. (Swift) and Armour and Company (Armour) urge this court to reverse the decision of the district court for the Southern District

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