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FITCHETT BROS., INC. v. FREEMAN

241 F.Supp. 181 (1965)

FITCHETT BROS., INC., Plaintiff, v. Orville FREEMAN, Secretary of Agriculture of the United States, Defendant.

United States District Court S. D. New York.

May 3, 1965.

Attorney(s) appearing for the Case

Harry Polikoff, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the United States.

Patricia A. Garfinkel, Asst. U. S. Atty., Harland F. Leathers, Irwin Goldbloom, Attys., U. S. Dept. of Justice, Joseph A. Walsh, Atty. U. S. Dept. of Agriculture, of counsel.

FREDERICK van PELT BRYAN, District Judge.

This is a statutory action pursuant to Sec. 8c(15) (B) of the Agricultural Marketing Agreement Act of 1937 as amended (the Act), 7 U.S.C. § 608c(15) (B), to review a decision and order of the judicial officer of the Department of Agriculture acting for the Secretary of Agriculture. The decision and order under review involve the interpretation and application of a compensatory payment provision, ¶ (b) (1) of §...

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