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DANVILLE TOBACCO ASSOCIATION v. FREEMAN

Civ. A. No. 67-C-52-D.

275 F.Supp. 350 (1967)

The DANVILLE TOBACCO ASSOCIATION a Virginia corporation, Virginia Farm Bureau Federation, a Virginia corporation, W. N. Terry and George A. Myers, Jr., Plaintiffs, v. Orville L. FREEMAN, as Secretary of the Department of Agriculture of the United States of America, and Stephen E. Wrather, as Director, Tobacco Division, Consumer and Marketing Service of the United States Department of Agriculture, Defendants.

United States District Court W. D. Virginia, Danville Division.

October 24, 1967.

Attorney(s) appearing for the Case

William C. Battle, Lloyd T. Smith, Jr., McGuire, Woods & Battle, Charlottesville, Va., and John W. Carter, Carter & Wilson, Danville, Va., for plaintiffs.

Thomas B. Mason, U. S. Atty., Roanoke, Va., and John C. Chernauskas, U. S. Dept. of Agriculture, Office of Gen. Counsel, Washington, D. C., for defendants.

OPINION AND JUDGMENT

DALTON, Chief Judge.

Although the District Court is of the opinion that the poundage-basket method has merit, the Court declines to grant the relief prayed for in this proceeding, because:

(1) The Court has misgivings as to whether the duties of the Secretary of Agriculture in the grading of tobacco are ministerial. As hereinafter mentioned we are unaware of any decision squarely in point. We lean to view that the service of...

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