DUKE CITY LUMBER COMPANY v. BUTZ

No. 74-2066.

539 F.2d 220 (1976)

DUKE CITY LUMBER COMPANY et al., Appellants, v. Earl BUTZ, Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Pierre J. LaForce, Washington, D. C., with whom Angelo A. Iadarola and Jerry R. Goldstein, Washington, D. C., were on the brief, for appellants.

Richard A. Graham, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Paul M. Tschirhart, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

H. Robert Halper, Washington, D. C., with whom Terence P. Boyle, Mark P. Schlefer, Michael Joseph and William H. Fort, Washington, D. C., were on the brief, for appellee/intervenor Bennett Lumber Products Inc., and others and Alsea Lumber Co., and others.

Before Mr. Justice CLARK, of the Supreme Court of the United States, and ROBINSON and MacKINNON, Circuit Judges.


PER CURIAM:

This suit, now pending for over three years, attacks the validity of the 1971 changes in the small business timber set-aside program as established by the Memorandum of Understanding between the Small Business Administration and the United States Department of Agriculture. The appellants are twelve forest product manufacturing companies that are not eligible for set-aside sales under the program because they exceed the fixed standard of 500 employees or...

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