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FARGO PACKING CORPORATION v. HARDIN

Civ. No. 1029.

312 F.Supp. 942 (1970)

FARGO PACKING CORPORATION, North Dakota Frozen Food Locker Assoc., Shy-Ann Meat Service and Supply, Inc., and Theron Strinden, Plaintiffs, v. Clifford HARDIN, United States Secretary of Agriculture, Washington, D. C.; Dr. Lester H. Burkert, U.S.D.A., Northern Regional Director, St. Paul, Minn.; and Dr. Gerald D. Watson, U.S.D.A., Acting Officer in Charge of North Dakota, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

May 15, 1970.

Attorney(s) appearing for the Case

Joseph A. Vogel, Jr., Mandan, N. D., for Fargo Packing Corp., North Dakota Frozen Food Locker Association, Shy-Ann Meat Service and Supply, Inc., and Theron Strinden.

Harold O. Bullis, U. S. Dist. Atty., Fargo, N. D., Ronald D. Cipolla, Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., Stuart Schiffer, Atty. for U. S. Dept. of Justice, Washington, D. C., for Clifford Hardin, U. S. Sec'y of Agriculture; Dr. Lester H. Burkert, U. S. D. A., (Northern Regional Director, St. Paul, Minn.) Dr. Gerald D. Watson, U. S. D. A.

MEMORANDUM AND ORDER

REGISTER, Chief Judge.

This is an action for a temporary restraining order, preliminary injunction, and declaratory relief, brought pursuant to the provisions of Rule 65, Federal Rules of Civil Procedure, and Title 28, U.S.C.A. Sec. 2201 (Federal Declaratory Judgment Act). It is alleged that jurisdiction is also provided by Title 28, U.S. C.A. Sec. 1331. Upon a proper showing, a temporary restraining order was duly issued and the matter...

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