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BARLOW v. COLLINS

No. 24886.

398 F.2d 398 (1968)

Clemon BARLOW et al., Appellants, v. B. L. COLLINS, State Executive Director of the Alabama Agricultural Stabilization and Conservation Service; Horace Godfrey, Administrator of the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture; and Orville L. Freeman, Secretary of the United States Department of Agriculture, Appellees.

United States Court of Appeals Fifth Circuit.

July 16, 1968.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson, Miss., Donald A. Jelinek, Selma, Ala., Armand Derfner, Jackson, Miss., Howard Thorkelson, George Cooper, New York City, Charles S. Conley, Montgomery, Ala., Richard B. Sobol, New Orleans, La., of counsel, for appellants.

W. McLean Pitts, Selma, Ala., Alan S. Rosenthal, Norman Knopf, Washington, D. C., Ben Hardeman, Montgomery, Ala., Edwin L. Weisl, Jr., Asst. Atty. Gen., Ben Hardeman, U. S. Atty., Alan S. Rosenthal, Norman Knopf, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

DYER, Circuit Judge:

Appellants, tenant farmers receiving benefits under the Food and Agriculture Act of 1965, 7 U.S.C.A. § 1444, appeal from the District Court's decree granting the motion of defendant-appellees Collins, Godfrey and Freeman to dismiss appellant's complaint. The District Court held that appellants did not have standing to challenge an amendment to regulations issued by the Secretary of Agriculture defining permissible assignments by tenant farmers...

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