Legal Opinion
Danville Tobacco Ass'n v. Freeman
District Court, W.D. Virginia
Decided October 24, 1967No. Civ. A. No. 67-C-52-DPublishedCited by 3 opinions
1Opinion of the Court
OPINION AND JUDGMENT
DALTON, Chief Judge.
Although the District Court is of the opinion that the poundage-basket method has merit, the Court declines to grant the relief prayed for in this proceeding, because:(1) The Court has misgivings as to whether the duties of the Secretary of Agriculture in the grading of tobacco are ministerial. As hereinafter mentioned we are unaware of any decision squarely in point. We lean to view that the service of the Secretary in this field is discretionary, in which event mandamus will not lie.
Plaintiff here seeks to have the court direct the defendant to…
2Cases cited7 opinions
- Currin v. WallaceSupreme Court of the United States · 1939
- Work v. United States Ex Rel. RivesSupreme Court of the United States · 1925
- Louisiana v. McAdooSupreme Court of the United States · 1914
- United States Ex Rel. McLennan v. WilburSupreme Court of the United States · 1931
- Fayette Tobacco Warehouse Co. v. Lexington Tobacco Board of TradeCourt of Appeals of Kentucky · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barton v. BerglandDistrict Court, E.D. Kentucky · 1978
- Fuquay-Varina Tobacco Board of Trade v. HardinDistrict Court, E.D. North Carolina · 1970
- Dew v. HardinDistrict Court, D. South Carolina · 1971