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MOBERLY MILK PRODUCTS CO. v. FLEMING

No. 38169.

69 F.Supp. 776 (1947)

MOBERLY MILK PRODUCTS CO. v. FLEMING, Adm'r, Office of Temporary Controls, et al.

District Court of the United States for the District of Columbia.

January 21, 1947.

Attorney(s) appearing for the Case

Joseph B. Danzansky, Edward L. Koepenick, Raymond R. Dickey, Bernard Margolius and Carleton U. Edwards II, all of Washington, D. C., for plaintiff.

Carl A. Auerback, Gen. Counsel, Office of Temporary Controls, of Washington, D. C., John F. Sonnett, Asst. Atty. Gen. and George Morris Fay, U. S. Atty., of Washington, D. C., for defendants.

LETTS, Associate Justice.

Obviously and I think admittedly the quota base provisions set up in the Third Revised Ration Order No. 3, Amendment 24, are made dependent upon historical use in administering the sugar rationing program. Such restrictions so placed in the quota formula set up in the amended ration order are expressly prohibited by the War Mobilization and Reconversion Act of 1944, 50 U.S.C.A. Appendix, § 1651 et seq., and are invalid.

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