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HYGEIA DAIRY COMPANY v. FREEMAN

Civ. A. No. 1356.

197 F.Supp. 876 (1961)

HYGEIA DAIRY COMPANY, Plaintiff, v. Orville FREEMAN (substituted for Ezra T. Benson), United States Secretary of Agriculture, Defendant.

United States District Court S. D. Texas, Brownsville Division.

September 27, 1961.

Attorney(s) appearing for the Case

Lorimer Brown, Harlingen, Tex., and James R. Sloan, Austin, Tex., for plaintiff.

Woodrow Seals, U. S. Atty., and Jack Shepherd, Asst. U. S. Atty., Houston, Tex., and John M. Durbin, Office of Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., of counsel, for defendant.

GARZA, District Judge.

This is a suit against the Secretary of Agriculture, seeking to have an amended federal milk marketing order set aside as not having been promulgated in accordance with law.

The case is before the Court on motion by the plaintiff, Hygeia Dairy Company, hereinafter referred to as "Hygeia", for summary judgment; and on motion of the defendant, Secretary of Agriculture, hereinafter referred...

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