ARLINGTON OIL MILLS, INC. v. KNEBEL

No. 76-3420.

543 F.2d 1092 (1976)

ARLINGTON OIL MILLS, INC., et al., Plaintiffs-Appellees, v. John A. KNEBEL, Acting Secretary of Agriculture, Defendant-Appellant, Birdsong Corporation et al., Defendants-Intervenors-Appellants, Robert W. Moore et al., Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 20, 1976.


Attorney(s) appearing for the Case

Robert Pennington, Daniel S. Reinhardt, Frederick E. Link, Atlanta, Ga., for Birdsong Corp., and others.

James H. Bratton, Jr., Jack O. Morse, Donald L. Rickertsen, Atlanta, Ga., for Borden Peanut Co., and others.

Robert E. Kopp, Thomas G. Wilson, Appellate Sec., Civ. Div., Dept. of Just., Washington, D. C., John A. Harris, Office of the General Counsel, U. S. Dept. of Agriculture, Washington, D. C., Jesse G. Bowles, Cuthbert, Ga., Greg J. Leonard, Asst. U. S. Atty., Macon, Ga., for movant.

D. R. Cumming, Jr., Bennett L. Kight, Carey P. DeDeyn, Atlanta, Ga., Albert W. Stubbs, Columbus, Ga., for Arlington Oil Mills, and others.

Denmark Groover, Jr., Frank H. Childs, Jr., Macon, Ga., for H. Emmett Reynolds.

Before COLEMAN, CLARK and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 20, 1976.

CLARK, Circuit Judge:

Defendant, the United States Secretary of Agriculture, and defendant-intervenors, individual and corporate peanut growers and shellers,1 appeal from the district court's preliminary injunction order which (1) prohibited the Secretary from implementing the amended peanut price support differential program announced on July 6, 1976 and (2) mandated the...

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