TITUSVILLE DAIRY PRODUCTS CO.
v.
BRANNAN, Secretary of Agriculture.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued April 18, 1949.
Decided August 4, 1949.
As Amended August 15, 1949.
Attorney(s) appearing for the Case
Willis F. Daniels, Harrisburg, Pa. (Willis F. Daniels, Elmer E. Harter, Jr., Rose Daniels, Harold W. Swope, and Daniels, Harter & Swope, Harrisburg, Pa., on the brief), for Titusville Dairy Products Co.
Neil Brooks, Sp. Asst. to the Atty. Gen. (J. Stephen Doyle, Jr., Sp. Assistant to the Atty. Gen. Lewis A. Sigler, Assistant Associate Solicitor Julius C. Krause, Attorney, U. S. Department of Agriculture, Washington, D. C. Owen Burns, U. S. Atty. W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for Secretary of Agriculture.
Frank B. Lent, Ithaca, N. Y. (Charles G. Webb, and Owlett, Webb & Cox, Wellsboro, Pa., Robert Lamont, Cobleskill, N. Y., on the brief), for amicus curiae.
Before BIGGS, Chief Judge, and McLAUGHLIN and O'CONNELL, Circuit Judges.
United States Court of Appeals Third Circuit.
O'CONNELL, Circuit Judge.
Titusville Dairy Products Co. ("Titusville"), plaintiff in the court below, is a Pennsylvania corporation which operates a milk plant in western Pennsylvania. At some time prior to September 1, 1938, it applied for and was granted the approval of its plant by the Department of Health of New York. Some of its cream was shipped into the New York Milk Marketing Area ("the Area") periodically between...
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