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FREEMAN v. RYAN

No. 21446.

408 F.2d 1204 (1968)

Orville FREEMAN, Secretary of Agriculture, Appellant, v. Charles Patrick RYAN and C. Wayne Smyth, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 16, 1968.

Attorney(s) appearing for the Case

Mr. Walter H. Fleischer, Atty., Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellant.

Mr. Charles Patrick Ryan, Washington, D. C., with whom Mr. Edward J. Ryan, Washington, D. C., was on the brief, for appellees.

Before FAHY, Senior Circuit Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

This is an appeal from an order awarding attorney's fees to appellees, who were counsel for the class of non-nearby milk producers in the action that resulted in our decision in Blair v. Freeman, 125 U.S.App.D.C. 207, 370 F.2d 229 (1966), which held invalid the "nearby differential" provision of the New York-New Jersey federal milk order.

We hold that appellant Freeman...

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