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DANAHY PACKING CO. v. McGOWAN

Nos. 1972-1975, 1986.

11 F.Supp. 920 (1935)

DANAHY PACKING CO. v. McGOWAN, and four other cases.

District Court, W. D. New York.

July 29, 1935.

Attorney(s) appearing for the Case

John W. Ryan, of Buffalo, N. Y., for Danahy Packing Co.

J. Willison Smith, Jr., James A. Montgomery, Jr., Humbert B. Powell, and George Wharton Pepper, all of Philadelphia, Pa., and Stephen J. Warren and Earl F. Case, both of Rochester, N. Y., for Rochester Packing Co., Inc.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y., for Federal Mill, Inc.

Locke, Babcock, Hollister & Brown, of Buffalo, N. Y., for Washburn Crosby Co., Inc.

Hubbell, Taylor, Goodwin, Nixon & Hargrave, of Rochester, N. Y., for Moseley & Motley Milling Co.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for McGowan.

KNIGHT, District Judge.

These are suits in equity involving substantially identical issues. The complaints ask as relief: (1) Declaratory judgments declaring that certain processing taxes assessed under the purported authority of Act P. L. 10 of the 73d Congress, approved May 12, 1933, as amended, and known as the Agricultural Adjustment Act (7 USCA § 601 et seq.), are unconstitutional and void, and (2) an injunction...

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