Frederick T. ZUBER et al., Appellants,
v.
Russell ALLEN et al., Appellees.
Orville FREEMAN, Secretary of Agriculture, Appellant,
v.
Russell ALLEN et al., Appellees.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 7, 1967.
Decided September 23, 1968.
Attorney(s) appearing for the Case
Mr. Lawrence D. Hollman, Washington, D. C., with whom Mr. Carlyle C. Ring, Jr., Washington, D. C., was on the brief, for appellants in No. 21,141.
Mr. Walter H. Fleischer, Attorney, Department of Justice, with whom Asst. Atty. Gen., Edwin L. Weisl, Jr., Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, were on the brief, for appellant in No. 21,308. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellant in No. 21,308.
Mr. Charles Patrick Ryan, Washington, D. C., for appellees.
Mr. Edward J. Ryan, Washington, D. C., filed a brief on behalf of the State of Vermont, as amicus curiae in No. 21,141. Mr. Charles P. Ryan, Washington, D. C., also entered an appearance for the State of Vermont as amicus curiae in No. 21,141.
Mr. Franklin M. Schultz, Washington, D. C., filed a brief on behalf of the State of Connecticut, as amicus curiae in No. 21,141.
Mr. James R. Worsley, Jr., Washington, D. C., filed a brief on behalf of the Commonwealth of Massachusetts as amicus curiae in No. 21,141.
Before BURGER, WRIGHT and McGOWAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
McGOWAN, Circuit Judge.
These are appeals by the Secretary of Agriculture and a group of dairy farmers from a judgment of the District Court declaring illegal and enjoining further enforcement of the "farm location differential" provision1 in the 1964 federal milk marketing order for the Massachusetts-Rhode Island area. We recently invalidated a like provision of the 1957 New York-New Jersey milk marketing order on grounds of its incompatibility...
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