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ZUBER v. ALLEN

No. 25.

396 U.S. 168 (1969)

ZUBER ET AL. v. ALLEN ET AL.

Supreme Court of United States.

Decided December 9, 1969.

Attorney(s) appearing for the Case

Lawrence D. Hollman argued the cause for petitioners in No. 25. With him on the briefs was Carlyle C. Ring, Jr. Daniel M. Friedman argued the cause for petitioner in No. 52. On the briefs were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Peter L. Strauss, Alan S. Rosenthal, and Walter H. Fleischer.

Charles Patrick Ryan argued the cause for respondents in both cases. With him on the brief was Edward J. Ryan.

Edwin H. Amidon, Jr., Assistant Attorney General, argued the cause for the State of Vermont as amicus curiae urging affirmance in both cases. With him on the brief was James M. Jeffords, Attorney General.

Robert H. Quinn, Attorney General of Massachusetts, pro se, Walter H. Mayo III, Assistant Attorney General, Herbert F. DeSimone, Attorney General of Rhode Island, pro se, Charles G. Edwards, Assistant Attorney General, Robert K. Killian, Attorney General of Connecticut, pro se, and Michael J. Scanlon, Assistant Attorney General, filed a brief for the Attorneys General of Massachusetts, Rhode Island, and Connecticut as amici curiae urging reversal in both cases.

C. Wayne Smyth filed a brief for Lorton Blair et al. as amici curiae urging affirmance in both cases.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This action was brought by respondent Vermont dairy farmers, "country" milk producers, seeking a judgment invalidating as contrary to the Agricultural Marketing Agreement Act of 1937, as amended, 50 Stat. 246, 7 U. S. C. § 601 et seq. (1964 ed. and Supp. IV), the so-called farm location differential provided for by order of the Secretary of Agriculture.

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