MASSACHUSETTS FARMERS D. COMMITTEE v. UNITED STATES

No. 139.

26 F.Supp. 941 (1939)

MASSACHUSETTS FARMERS DEFENSE COMMITTEE v. UNITED STATES et al.

District Court, D. Massachusetts.

March 10, 1939.


Attorney(s) appearing for the Case

John L. Murphy, of Boston, Mass., for plaintiff.

John A. Canavan, U. S. Atty., of Boston, Mass., and John S. L. Yost, Tom C. Clark, and Astor Hogg, Sp. Assts. to Atty. Gen., for defendants.

No appearance for defendant Bustead.

Before BINGHAM, Circuit Judge, and BREWSTER and SWEENEY, District Judges.


SWEENEY, District Judge.

This is an action in which a group of milk producers challenge the constitutionality of the Marketing Agreement Act of 1937, 50 Stat. 246, and the validity of the order thereunder, and seek to enjoin the defendants, except the defendant Bustead, from enforcing the provisions of the act and order.

The Government has filed a motion to dismiss in which it denies the Court's jurisdiction on several grounds, and asserts that the plaintiffs...

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