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STALKER v. FREEMAN

Civ. No. 8920.

227 F.Supp. 842 (1963)

Jesse R. STALKER, d/b/a Stalker's Dairy, Plaintiff, v. Orville FREEMAN, Secretary of Agriculture, United States Department of Agriculture, Defendants.

United States District Court N. D. New York.

February 6, 1963.

Attorney(s) appearing for the Case

John B. Carroll, Syracuse, N. Y., for plaintiff.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant, George Burke, Asst. U. S. Atty., Irwin Goldbloom, Donald B. MacGuineas, Attys., Dept. of Justice, Joseph A. Walsh, Atty., Dept. of Agriculture, Washington, D. C., of counsel.

BRENNAN, District Judge.

This action, instituted pursuant to statute, seeks to review and set aside the decision of the Secretary of Agriculture, rendered February 16, 1962, through the Judicial Officer of the Department of Agriculture. The decision in effect sustains the cancellation of the plaintiff's designation as a producer-handler of milk products and is the basis of an assessment against the plaintiff in the amount of upwards of $20,000.

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