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HARRY H. PRICE & SON, INC. v. HARDIN

Civ. A. No. 3-3119.

299 F.Supp. 557 (1969)

HARRY H. PRICE & SON, INC., and Harold Price and Kyle Muennick, formerly a partnership trading under the name Harry H. Price & Son v. Honorable Clifford HARDIN, Secretary of Agriculture of the United States of America.

United States District Court N. D. Texas, Dallas Division.

May 19, 1969.

Attorney(s) appearing for the Case

Emil Corenbleth, Lawrence Fischman, Dallas, Tex., for plaintiff.

Kenneth J. Mighell, Asst. U. S. Atty., Eldon B. Mahon, U. S. Atty., Dallas, Tex., John C. Chernauskas, J. Charles Krause, Attys., U. S. Dept. of Agriculture, for defendant.

HUGHES, District Judge.

Plaintiff, Harold H. Price & Son, Inc., hereinafter called Price, sued the Secretary of Agriculture, hereinafter called Secretary, praying for the issuance of a temporary restraining order and a permanent injunction to restrain the Secretary from enforcing certain import regulations on the shipment of tomatoes into the United States.

The Secretary filed a motion to dismiss on the ground that Price lacked standing to sue and that...

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