WILLOW FARMS DAIRY, INC., APPELLANT,
v.
EZRA T. BENSON, SECRETARY OF AGRICULTURE, AND MARYLAND COOPERATIVE MILK PRODUCERS, INC., APPELLEES

4th Cir. | 1960-04-12
No. 8065
276 F.2d 856 United States Court of Appeals for the Fourth Circuit (1960) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

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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