171 F.2d 1016 (D.C. Cir. 1948), 9769, Central Roig Refining Co. v. Secretary of Agriculture

Docket Nº:9769.
Citation:171 F.2d 1016
Party Name:CENTRAL ROIG REFINING CO. et al. v. SECRETARY OF AGRICULTURE (PORTO RICAN AMERICAN SUGAR REFINERY, Inc., et al., Intervenors).
Case Date:November 24, 1948
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 1016

171 F.2d 1016 (D.C. Cir. 1948)

CENTRAL ROIG REFINING CO. et al.

v.

SECRETARY OF AGRICULTURE (PORTO RICAN AMERICAN SUGAR REFINERY, Inc., et al., Intervenors).

No. 9769.

United States Court of Appeals, District of Columbia Circuit.

November 24, 1948

         Argued Oct. 6, 1948.

         Appeal from Secretary of Agriculture.

Page 1017

          Mr. Frederic P. Lee, of Washington, D.C., for appellants.

         Mr. James A. Doyl, Associate Solicitor, of Omaha, Neb., Department of Agriculture, of the Bar of the Supreme Court of Nebraska, pro hac vice by special leave of court, with whom Messrs. George Morris Fay, U.S. Atty., of Washington, D.C., and J. Stephen Doyle, Jr., Special Asst. to the Atty. Gen., were on the brief, for appellee. Messrs. Sidney S. Sachs and John D. Lane, Asst. U.S. Attys. both of Washington, D.C., also entered appearances for appellee.

         Messrs. Arthur L. Quinn, of Washington, D.C., and Orlando J. Antonsanti, of San Juan, P.R., with whom Mr. Gordon P. Peyton, of Washington, D.C., was on the brief, for intervenor Porto Rican American Sugar Refinery, Inc., urging affirmance. Mr. Dean G. Acheson, of Washington, D.C., with whom Mr. Donald Hiss, of Washington, D.C., was on the brief for intervenors American Sugar Refining Company, et al., urging affirmance.

         Mr. Walton Hamilton, with whom Mr. Thurman Arnold, of Washington, D.C., was on the brief, for intervenor Government of Puerto Rico, urging reversal. Mr. Abe Fortas, of Washington, D.C., also entered an appearance for intervenor Government of Puerto Rico.

         Before EDGERTON, CLARK, and WILBUR K. MILLER, Circuit Judges.

         EDGERTON, Circuit Judge.

         Section 207(b) of the Sugar Act of 1948 provides that 'Not more than one hundred and twenty-six thousand and thirty-three short tons, raw value, of the quota for Puerto Rico for any calendar year may be filled by direct-consumption sugar.' 61 Stat. 922, 927, 7 U.S.C.A. § 1117(b). 'The quota for Puerto Rico' means the quantity of sugar that may be imported into continental United States from Puerto Rico. 'Direct-consumption sugar' means, approximately, refined sugar.

         Section 205(a) of the Act provides that whenever the Secretary of Agriculture 'finds that the allotment of any quota, or proration thereof, * * * is necessary to * * * prevent disorderly marketing * * * or to afford all interested persons an equitable opportunity to market sugar * * * he shall (allot) to persons who market or import sugar * * * the quantities * * * which each such person may market in continental United States * * * for consumption therein. Allotments shall be made in such manner and in such amounts as to provide a fair, efficient, and equitable distribution of such quota * * * , by taking into consideration the processings of sugar or liquid sugar from sugar beets or sugarcane to which proportionate shares, determined pursuant to the provisions of subsection (b) of section 302, pertained; 1 the...

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