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WALTER HOLM & COMPANY v. HARDIN

No. 24848.

449 F.2d 1009 (1971)

WALTER HOLM & COMPANY et al., Appellants, v. Clifford M. HARDIN, Individually and as Secretary of the United States Department of Agriculture et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1971.

Attorney(s) appearing for the Case

Mr. Robert E. Herzstein, Washington, D. C., with whom Messrs. Alexander E. Bennett and Irvin B. Nathan, Washington, D. C., were on the brief, for appellants.

Mr. William D. Appler, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee. Messrs. John A. Terry, Robert S. Rankin, Jr., Asst. U. S. Attys., and Morton Hollander, Atty., Department of Justice, also entered appearances for appellees.

Before McGOWAN and LEVENTHAL, Circuit Judges, and VAN PELT, Senior District Judge, U. S. District Court for the District of Nebraska.

LEVENTHAL, Circuit Judge:

This appeal is from a judgment of the District Court, 318 F.Supp. 521, granting summary judgment to the Secretary of Agriculture and a subordinate official of the Department1 in an action seeking injunctive and declaratory relief, brought by American importers of tomatoes from Mexico2 attacking the validity...

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