U.S. Court of Appeals for the Fourth Circuit, 1960

Willow Farms Dairy, Inc. v. Ezra T. Benson, Secretary of Agriculture, and Maryland Cooperative Milk Producers, Inc.

U.S. Court of Appeals for the Fourth Circuit · Decided April 12, 1960 · Soper, Haynsworth, Boreman

276 F.2d 856; 1960 U.S. App. LEXIS 4885 (Federal Reporter, Second Series)

Counsel

Charles G. Page, Baltimore, Md. (White, Page & Lentz, Baltimore, Md., on the brief), for appellant., Alan S. Rosenthal, Atty., Dept, of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., Seymour Farber, Atty., Dept, of Justice, Washington, D. C., Neil Brooks, Asst. Gen. Counsel, and J. Charles Krause, Atty., Dept, of Agriculture, Washington, D. C., on the brief), for appellee, Ezra T. Benson, Secretary of Agriculture., Philip B. Perlman, Washington, D. C. (Ellis Lyons; Perlman, Lyons & Emmerglick, Washington, D. C., and Harry Troth Gross, Baltimore, Md., on the brief), for appellee, Maryland Cooperative Milk Producers, Inc.

Cases that cite this one

10 later published cases cite this decision.

American Dairy of Evansville, Inc. v. Robert Bergland, Secretary of Agriculture (D.C. Cir. 1980)
United States v. Daylight Dairy Products, Inc. (1st Cir. 1987)
Willow Farms Dairy, Inc. v. Freeman (District Court, D. Maryland 1962)
Inter-State Milk Producers' Cooperative, Inc. v. Clair (District Court, D. Maryland 1970)
George Benz & Sons v. Twin City Milk Producers Ass'n (D. Minn. 1969)
United States v. Farm Dairy Cooperative, Inc. (District Court, N.D. West Virginia 1969)
United States v. Boonville Farms Cooperative, Inc. (District Court, N.D. New York 1964)
United States v. Yadkin Valley Dairy Cooperative, Inc. (District Court, M.D. North Carolina 1962)
National Dairy Products Corp. v. Greene (District Court, D. Maryland 1962)
United States v. Mills (District Court, D. Maryland 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from an order of Chief Judge Thomsen, of the United States District Court for the District of Maryland, dismissing the complaint of Willow Farms Dairy, Inc., upon the sole ground that the District Court was without jurisdiction.

This action was commenced by what is alleged to be “a bill in equity within the meaning of Title 7, U.S.C., 608e(15), to review adverse rulings of the Secretary of Agriculture with regard to an order entitled ‘Milk in Upper Chesapeake Bay, Maryland Marketing Area’, issued by him on the 28th of December, 1959”. The opinion of the District Court, containing a full and detailed recital and explanation of pertinent facts and applicable law, is reported at 181 F.Supp. 798. The question presented involves the' attempt by Willow Farms to prematurely invoke the jurisdiction of that court in the absence of compliance with the-requirement of 7 U.S.C. § 608e(15).

We affirm upon the opinion and order of the District Court.

Affirmed.

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