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VOGT'S DAIRIES v. WICKARD

45 F.Supp. 94 (1942)

VOGT'S DAIRIES, Inc., v. WICKARD, Secretary of Agriculture.

District Court, S. D. New York.

March 23, 1942.

Attorney(s) appearing for the Case

Edward L. Cole, of New York City, for plaintiff.

Mathias F. Correa, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, and Edward O. Mather, of Washington, D. C., Principal Atty., Office of the Solicitor, U. S. Department of Agriculture, of counsel), for defendant.

MANDELBAUM, District Judge.

Plaintiff sues in equity to review two rulings of the Secretary of Argiculture as not being in accordance with law. Section 8c (15) (B) of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 608c (15) (B). The two controversies are separate and distinct.

There is no dispute as to the facts which have been stipulated. The first controversy involves the failure of the Market Administrator to accept the plaintiff's...

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