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FOSTER v. FREEMAN

No. 65 Civ. 1207.

271 F.Supp. 33 (1967)

Willard P. FOSTER, J. Riker Robinson, Everett Dence, Paul Doran, Howard Makela, Morris Fluker and Murray Grodman, Plaintiffs, v. Orville L. FREEMAN, Secretary of Agriculture, and Anson J. Pollard, Market Administrator, Defendants, Dairymen's League Cooperative Association, Inc., Northeast Dairy Cooperative Federation, Inc., and Inter-State-Milk Producers' Cooperative, Intervenors.

United States District Court S. D. New York.

June 26, 1967.

Attorney(s) appearing for the Case

Harry Polikoff, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, for defendants; Alan G. Blumberg, Asst. U. S. Atty., J. C. Krause, Acting Asst. Gen. Counsel, Department of Agriculture, John C. Chernauskas, Atty., Department of Agriculture, of counsel.

A. Evans Kephart, Philadelphia, Pa., for intervening-plaintiff, Inter-State Milk Producers' Cooperative.

Bond, Schoeneck & King, Syracuse, N. Y., for intervening-defendants, Dairymen's League Cooperative Ass'n, Inc. and Northeast Dairy Cooperative Federation, Inc.

OPINION

FRANKEL, District Judge.

Before the Agricultural Marketing Agreement Act of 1937 (as amended, 7 U.S.C. § 601 et seq.), the economic conflict between milk producers allied in cooperatives and those outside such associations erupted from time to time "in bitter warfare and bloodshed on the nation's highways." Brannan v. Stark, 342 U.S. 451, 470, 72 S.Ct. 433, 443, 96 L.Ed. 497 (1952) (Black, J., dissenting). The...

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