Brown v. Banana Distributors of Connecticut, Inc.

SMITH, District Judge.

Defendants’ motion to dismiss is founded upon two claims: First — that under the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq., regulations concerning bananas are invalid unless approved by the Secretary of Agriculture.

This raises the question of the meaning of the term “any agricultural commodity” in Section 3(e) Title 1 of the Act, 50 U.S.C.A.Appendix, § 903(e). It is the contention of the Government that this language in the act was intended to refer only to agricultural commodities produced within the United States, and that bananas, being…