Orville Freeman, Secretary of Agriculture of the United States of America v. Darius N. Brown

GRIFFIN B. BELL, Circuit Judge.

This is an appeal by the Secretary of Agriculture from an order of the District Court permanently enjoining him from enforcing a cut in acreage allotments on Type 14 flue-cured tobacco for the 1964-65 tobacco marketing year below allotments for the 1963-64 marketing year. Plaintiffs, appellees here, are tobacco farmers and producers of Type 14 flue-cured tobacco. The basis of their class action against the Secretary was that he had failed and refused to treat Type 14 as a separate kind of tobacco in arriving at the marketing quotas on which the acreage…