1. Home
  2. Browse Decisions
  3. F.2d
  4. 401 F.2d
  5. 401 F.2d 308 (1968)
 

LEWES DAIRY, INC. v. FREEMAN

No. 16528.

401 F.2d 308 (1968)

LEWES DAIRY, INC., and Clifford S. Ott, and James M. Faulkner, individually and as co-partner doing business as Hollybrook Dairy, a co-partnership v. Orville L. FREEMAN, as Secretary of Agriculture, Appellant.

United States Court of Appeals Third Circuit.

Decided September 25, 1968.

Rehearing Denied November 19, 1968.

Attorney(s) appearing for the Case

Richard S. Salzman, Civil Div., Appellate Section, U. S. Dept. of Justice, Washington, D. C. (Carl Eardley, Acting Asst. Atty. Gen., Alexander Greenfeld, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Andrew B. Kirkpatrick, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (James M. Tunnell, Jr., Wilmington, Del., on the brief), for appellees.

Before STALEY, Chief Judge, and KALODNER and FORMAN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is the second time the Secretary of Agriculture appeals from an order of the United States District Court for the District of Delaware which held invalid certain minimum pricing provisions of Milk Marketing Order No. 161 on the ground that, as applied to Lewes Dairy, Inc.,2 they created a prohibited "trade barrier". The Order in question, promulgated...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases