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WILLOW FARMS DAIRY, INC. v. BENSON

Civil No. 11869.

181 F.Supp. 802 (1960)

WILLOW FARMS DAIRY, INC., a Maryland corporation, v. Ezra T. BENSON, Secretary of Agriculture, Defendant, and Maryland Cooperative Milk Producers, Inc., Intervenor-Defendant.

United States District Court D. Maryland.

March 1, 1960.

Attorney(s) appearing for the Case

Charles G. Page, Baltimore, Md., for plaintiff.

George Cochran Doub, Asst. Atty. Gen., Washington, D. C., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., and Alan S. Rosenthal, Atty., Dept. of Justice, and J. C. Krause, Atty., Dept. of Agriculture, Washington, D. C., for defendant.

Philip B. Perlman and Harry T. Gross, Baltimore, Md., for intervenor-defendant.

THOMSEN, Chief Judge.

After appealing from the decree dismissing its complaint for lack of jurisdiction, plaintiff has moved for leave, pending the decision of its appeal, to pay into the registry of this court all sums which it is called upon to pay to the Market Administrator by the terms of Milk Marketing Order No. 127. D.C., 181 F.Supp. 798. Those payments so required to be made to the Market Administrator are: (a) plaintiff...

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