UNITED STATES v. MILLS

Nos. 8774-8779 and 8849.

315 F.2d 828 (1963)

UNITED STATES of America, Appellant, v. Howeth M. MILLS and Crawford Mills, as individuals, and Howeth M. Mills and Crawford Mills, d/b/a Mills Dairy Products Company, a co-partnership, Appellees. UNITED STATES of America, Appellant, v. WILLOW FARMS DAIRY, INC., Appellee. UNITED STATES of America, Appellant, v. Brice G. TWILLEY, individually, and Brice G. Twilley, d/b/a Twilley's City Dairy, Appellee. UNITED STATES of America, Appellant, v. Nesbit C. MURPHY, individually, and Nesbit C. Murphy, d/b/a Shiloh Dairy Farms, Appellee. Howeth M. MILLS and Crawford Mills, individually and as co-partners, d/b/a Mills Dairy Products Company, a co-partnership, Nesbit C. Murphy, an individual, d/b/a Shiloh Dairy Farms, and Brice G. Twilley, an individual d/b/a Twilley's City Dairy, Appellees, v. Orville L. FREEMAN, Secretary of Agriculture, Appellant. WILLOW FARMS DAIRY, INC., and Kenneth Barrick, et al., Intervening Plaintiffs, Appellees, v. Orville L. FREEMAN, Secretary of Agriculture, Appellant. UNITED STATES of America, Appellant and Cross-Appellee, v. ROYAL FARMS DAIRY, INC., Wilton Farm Dairy, Inc., and W. S. Hebb and Lorraine D. Hebb, co-partners, d/b/a Aristocrat Dairy, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1963.


Attorney(s) appearing for the Case

Richard S. Salzman, Atty., Dept. of Justice (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Joseph D. Tydings, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Neil Brooks, Asst. Gen. Counsel, and J. Charles Krause and Joseph A. Walsh, Attys., Dept. of Agriculture, on brief), for appellants U.S. and Orville L. Freeman.

Charles G. Page, Baltimore, Md. (White, Page & Lentz, Baltimore, Md., on brief), for appellees Willow Farms Dairy, Inc., Kenneth Barrick and others.

Robert F. Skutch, Jr., Baltimore, Md. and Ben Ivan Melnicoff, Washington, D. C. (Weinberg & Green, Baltimore, Md., on brief), for appellees Mills, Twilley and Murphy and others.

Before SOBELOFF, Chief Judge, and BRYAN, Circuit Judge.


ALBERT V. BRYAN, Circuit Judge.

A Federal Milk Marketing Order for the Upper Chesapeake Bay Area, including Baltimore, was struck down by the District Court at the suit of four dairies located within this part of Maryland but outside the City. The United States appeals, contesting the fatal infirmities found by the Court in the Order. The suit, we think, should not have succeeded.

The Order in question, designated as No. 127, was issued under the Agricultural...

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