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GIBSON v. JEFFERS

No. 72-1405.

478 F.2d 216 (1973)

H. R. GIBSON, Sr., d/b/a Gibson Products Company, Plaintiff-Appellant, v. Clinton E. JEFFERS, Commissioner of Agriculture, State of Colorado, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Bardwell D. Odum and Robert E. Rader, Jr., Dallas, Tex., for plaintiff-appellant.

Russell P. Kramer, Sp. Asst. Atty. Gen. and James K. Kreutz, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., and John P. Moore, Deputy Atty. Gen., Denver, Colo., on the brief), for defendant-appellee.

Before BREITENSTEIN, HILL and McWILLIAMS, Circuit Judges.

HILL, Circuit Judge.

Plaintiff-milk distributor appeals dismissal of his declaratory judgment1 complaint by the federal district court of Colorado for lack of jurisdiction. The complaint was instituted to determine plaintiff's rights under the Colorado Milk Marketing Order issued by appellee Commissioner of Agriculture.

Since 1966 appellant, a Texas citizen, has been engaged in the business of buying milk and milk products in the...

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