Sauquoit Valley Farmers Cooperative, Inc. v. Wickard

BRYANT, District Judge.

Plaintiff moves for judgment on the pleadings under Rule 12(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

Defendant moves (1) for judgment on the pleadings and (2) for summary judgment under Rule 56.

Section 927.3 (b) (6) of Order 27, promulgated by the Secretary of Agriculture pursuant to the Agricultural Adjustment Act of 1933, 48 Stat. 31, 7 U.S.C.A. § 601 et seq., states explicitly what shall constitute class III-B' milk. Cream, in order to be so classified, must be kept in a licensed warehouse for prescribed periods at prescribed temperatures “as…