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BARTON v. BERGLAND

No. 77-190.

444 F.Supp. 447 (1978)

J. W. BARTON, Jr., et al., Plaintiffs, v. Robert BERGLAND, Secretary of Agriculture of the United States of America, Defendant.

United States District Court, E. D. Kentucky, Lexington Division.

January 12, 1978.

Attorney(s) appearing for the Case

Robert M. Odear, Louie B. Nunn, Joseph L. Arnold, Kent Masterson Brown, Joseph C. Rice, Lexington, Ky., for plaintiffs.

Patrick H. Molloy, U. S. Atty. by John A. West, Asst. U. S. Atty., Lexington, Ky., for defendant; Edward M. Silverstein, Atty., Marketing Division., U. S. Dept. of Agriculture, Washington, D. C., of counsel.

MEMORANDUM OPINION

SILER, District Judge.

After a hearing on this case, the Court makes the following findings of facts and conclusions of law upon the various motions made by the parties.

FINDINGS OF FACTS

Plaintiffs are Kentucky farmers who desire to market their burley tobacco in "looseleaf" form at auction through tobacco warehouses. However, the defendant, Secretary of Agriculture (hereinafter "Secretary"), pursuant to the authority...

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