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LAWSON MILK COMPANY v. FREEMAN

Nos. 16269, 16270.

358 F.2d 647 (1966)

The LAWSON MILK COMPANY, Plaintiff-Appellee, v. Orville L. FREEMAN, Secretary of Agriculture, Defendant-Appellant. The LAWSON MILK COMPANY, Plaintiff-Appellant, v. Orville L. FREEMAN, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 28, 1966.

Attorney(s) appearing for the Case

H. Keith Eisaman, Washington, D. C., for Lawson Milk Co.

Robert C. McDiarmid, Atty., Dept. of Justice, Washington, D. C., for Secretary of Agriculture, John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief.

Before WEICK, Chief Judge, CECIL, Senior Circuit Judge, and BROOKS, District Judge.

BROOKS, District Judge.

These cross-appeals result from litigation arising under the Agricultural Marketing Agreement Act of 1937 as amended, 7 U.S.C. § 601 et seq. The Lawson Milk Company, a handler of milk under Milk Marketing Order No. 75,1 which regulated the Cleveland marketing area, filed a petition under Section 8c(15) (A) of the Act, 7 U.S.C. § 608c(15) (A) to recover refunds of compensatory payments, totalling $92,405...

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