Best Foods, Inc. v. United States

Donlon, Judge:

This litigation challenges the legality of a fee, at the rate of 2 cents per pound, exacted on imported peanuts pursuant to a Presidential proclamation, issued under the Agricultural Adjustment Act, namely, proclamation 3095, of May 16, 1955 (T.D. 53808). This proclamation purports to modify earlier Presidential proclamations 3019 and 3084.

The peanuts of this suit were imported on May 25,1955, and May 26, 1955, after the effective date of proclamation 3095.

In an earlier litigation, this plaintiff challenged the legality of a fee, likewise at the rate of 2 cents per pound, which…