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DUNNING v. AGRICULTURAL PRORATE ADVISORY COM'N

No. 21603 S Civ.

38 F.Supp. 393 (1941)

DUNNING v. AGRICULTURAL PRORATE ADVISORY COMMISSION OF CALIFORNIA et al.

District Court, N. D. California, S. D.

February 28, 1941.

Attorney(s) appearing for the Case

Carroll S. Bucher, of San Francisco, Cal. (Allan H. Fish, of San Francisco, Cal., of counsel), for plaintiff.

Earl Warren, Atty. Gen. of California, and Walter L. Bowers and W. R. Augustine, Deputies Atty. Gen. of California, for Agricultural Prorate Advisory Commission and members thereof.

Milton D. Sapiro, of San Francisco, Cal., for Program Committee of Prune Proration Zone No. 1, and members thereof, and R. P. Baker, zone agent.

Before STEPHENS, Circuit Judge, A. F. ST. SURE and WELSH, District Judges.

STEPHENS, Circuit Judge.

Plaintiff, a producer of prunes in the State of California, brought the instant action to restrain the enforcement of a prorate prune marketing program prescribed under the authority of the California Agricultural Prorate Act, Chap. 754, Cal. Stats.1933, as amended by St.Cal.1935, p. 2087. Six others joined with plaintiff Edward E. Dunning in bringing the action, but all excepting Dunning dismissed their actions in open court during the trial...

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