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

Fourth Circuit

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

276 F.2d 856, 1960 U.S. App. LEXIS 4885

Court of Appeals for the Fourth Circuit·Decided April 12, 1960·No. 8065_1·Published·Cited by 11 cases

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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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.

Willow Farms Dairy, Inc. v. Ezra T. Benson, Secretary of Agriculture, and Maryland Cooperative Milk Producers, Inc., 276 F.2d 856, 1960 U.S. App. LEXIS 4885 (4th Cir. 1960).

Pincite

276 F.2d 856 (Willow Farms Dairy, Inc. v. Ezra T. Benson, Secretary of Agriculture, and Maryland Cooperative Milk Producers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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