Shawangunk Cooperative Dairies, Inc. v. Jones

CLARK, Circuit Judge.

This case presents for review the questions (1) whether the plaintiff was properly ruled a “handler,” within the meaning of § 927.1 (f) of Order No. 27 governing the marketing of milk in the New York Metropolitan Marketing Area, as to certain milk which it was receiving gratuitously at its plant for a handler whose plant had been closed, and, if so, (2) whether the Order so interpreted was authorized by the statute upon which it was based, the Agricultural Marketing Agreement Act of 1937, § 8c, 7 U.S.C.A. § 608c. The Market Administrator required payment from plaintiff…