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CONSOLIDATED-TOMOKA LAND COMPANY v. BUTZ

Civ. No. 70-244.

353 F.Supp. 683 (1972)

CONSOLIDATED-TOMOKA LAND COMPANY et al., Plaintiffs, v. Earl L. BUTZ, as Secretary of the United States Department of Agriculture, et al., Defendants.

United States District Court, M. D. Florida, Orlando Division.

October 16, 1972.

Attorney(s) appearing for the Case

Fishback, Davis, Dominick & Simonet, Orlando, Fla., for plaintiffs.

Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., Fred Harris, Jr., Regional Atty., U. S. Dept. of Agriculture, Atlanta, Ga., William Mount, Gen. Litigation Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION AND FINAL JUDGMENT

TJOFLAT, District Judge.

This case is before the Court on plaintiffs' motion for summary judgment. The plaintiffs in this case are growers and handlers of oranges in the Interior District of Florida. They challenge the validity of Marketing Order 914,1 issued by the Secretary of Agriculture pursuant to the Agricultural Adjustment Act,2 which regulates shipping...

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