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NEWARK MILK AND CREAM CO. v. BENSON

Civ. No. 242-59.

179 F.Supp. 182 (1959)

NEWARK MILK AND CREAM CO., Plaintiff, v. Ezra Taft BENSON, Secretary of Agriculture of the United States of America, Defendant.

United States District Court D. New Jersey.

December 30, 1959.

Attorney(s) appearing for the Case

Gilhooly, Yauch & Fagan by Edward J. Gilhooly, Newark, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., by Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., Julius C. Krause, Office of Gen. Counsel, Dept. of Agriculture, Washington, D. C., for defendant.

MEANEY, District Judge.

An action was instituted by the Newark Milk and Cream Company against Ezra Taft Benson, Secretary of Agriculture, asking effectively for a review of an order of the Secretary made through a judicial officer of the Department of Agriculture. The action is brought under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.A. § 601 et seq.), provision 608c(15) (B) of which vests jurisdiction in district courts to review rulings of the...

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