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ARMOUR AND COMPANY v. UNITED STATES

No. 16285.

402 F.2d 712 (1968)

ARMOUR AND COMPANY, Petitioner, v. UNITED STATES of America and Orville L. Freeman, Secretary of Agriculture, Respondents.

United States Court of Appeals Seventh Circuit.

October 17, 1968.

Attorney(s) appearing for the Case

Thomas F. Daly, Herbert Brownell, Thomas R. McMullin, New York City, Donald R. Kanzler, Chicago, Ill., for petitioner.

Robert E. Duncan, Office of Gen. Counsel, U. S. Dept. of Agriculture, Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, Chief, Appellate Section, Civil Div., Dept. of Justice, Neil Brooks, Asst. Gen. Counsel, Harold M. Carter, Atty., Dept. of Agriculture, Washington, D. C., for respondents.

Before MAJOR, Senior Circuit Judge, HASTINGS and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

At the instance of the Western States Meat Packers Association, the United States Department of Agriculture filed a complaint in 1962 against Armour and Company alleging violations of Section 202(a), (b) and (e)1 of the Packers and Stockyards Act (7 U.S.C. § 192(a), (b) and (e)).

Armour is the second largest meat packer in the United States. In January and February of 1959, pursuant to recommendations...

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