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WICKARD v. FILBURN

No. 59.

317 U.S. 111 (1942)

63 S.Ct. 82

87 L.Ed. 122

WICKARD, SECRETARY OF AGRICULTURE, ET AL. v. FILBURN.

Supreme Court of United States.

Decided November 9, 1942.

Reargued October 13, 1942.

Attorney(s) appearing for the Case

Solicitor General Fahy, with whom Assistant Attorney General Arnold and Messrs. Robert L. Stern, John S.L. Yost, W. Carroll Hunter, and Robert H. Shields were on the briefs, on the original argument and on the reargument (Mr. James C. Wilson was also on the brief on the original argument), for appellants.

Messrs. Webb R. Clark and Harry N. Routzohn, with whom Mr. Robert S. Nevin was on the briefs, for appellee.

Messrs. William Lemke, Louis M. Day, and T.A. Billingsly filed a brief, as amici curiae, in support of appellee.

MR. JUSTICE JACKSON delivered the opinion of the Court.

The appellee filed his complaint against the Secretary of Agriculture of the United States, three members of the County Agricultural Conservation Committee for Montgomery County, Ohio, and a member of the State Agricultural Conservation Committee for Ohio. He sought to enjoin enforcement against himself of the marketing penalty imposed by the amendment of May 26, 1941,1 to the Agricultural...

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