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UNITED STATES v. SWIFT & COMPANY

Civ. Nos. 8862-8864.

152 F.Supp. 738 (1957)

UNITED STATES of America v. SWIFT & COMPANY. UNITED STATES of America v. NATIONAL BISCUIT COMPANY. UNITED STATES of America v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY.

United States District Court D. Maryland, Civil Division.

July 3, 1957.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Washington, D. C., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., and Marvin C. Taylor, Sp. Litigation Counsel, Dept. of Justice, Washington, D. C., for plaintiff.

David R. Owen and Semmes, Bowen & Semmes, Baltimore, Md., and Earl G. Spiker and William D. Thompson, Washington, D. C., for defendant, Swift & Co.

William L. Marbury, John Martin Jones, Jr., and Piper & Marbury, Baltimore, Md., for defendants, National Biscuit Co. and The Great Atlantic & Pacific Tea Co.

M. R. Garstang, Gen. Counsel, National Milk Producers Federation, Washington, D. C., amicus curiae.

THOMSEN, Chief Judge.

In these consolidated actions the Government seeks to recover certain payments made to defendants by the Commodity Credit Corporation (CCC), which the Comptroller General of the United States held were not authorized by the applicable statute, 7 U.S.C.A. § 1446, which provides: "The Secretary [of Agriculture] is authorized and directed to make available * * * price support to producers for * * * milk, butterfat, and the products of milk...

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