Green Valley Creamery v. United States, 3461
| Decision Date | 21 July 1939 |
| Docket Number | 3465.,No. 3461,3462,3464,3461 |
| Citation | 105 F.2d 754 |
| Parties | GREEN VALLEY CREAMERY, Inc., v. UNITED STATES et al., and three other cases. |
| Court | U.S. Court of Appeals — First Circuit |
John A. Canavan, Sp. Asst. to Atty. Gen., of Boston, Mass., for United States and others.
David Greer, of Boston, Mass., for Green Valley Creamery and others.
Before WILSON and MAGRUDER, Circuit Judges, and MAHONEY, District Judge.
The plaintiffs on motion seek in these proceedings to obtain an order vacating the supersedeas issued by the District Court on March 16, 1939, in the so-called milk cases pending in that court and in this court on appeal. The District Court on November 30, 1937, issued a temporary injunction against the four defendants, and H. P. Hood & Sons, Inc., and the Whiting Milk Company, who were handlers of milk in the Greater Boston area, restraining them from violating Order No. 4 as amended, issued by the Market Administrator, and also a mandatory injunction, requiring each of the defendants to pay to the Market Administrator the amounts found due by the District Court under the provisions of Order No. 4 as amended, and all amounts hereafter that may become due under the provisions of Order No. 4, United States v. Whiting Milk Co., 21 F.Supp. 321.
On appeal by each of the defendants, and by the H. P. Hood & Sons, Inc., and the Whiting Milk Company, a Judge of the Circuit Court of Appeals issued a supersedeas order suspending the temporary injunction issued by the District Court pending a hearing on the merits. At a hearing before this court on June 24, 1938, it was ordered that the mandatory injunction should be continued in force with certain modifications, but that the supersedeas issued by this court staying and superseding the operation of the temporary injunction issued by the District Court pending a decision on appeal therefrom, should be continued, H. P. Hood & Sons v. United States, 97 F.2d 677.
These four cases were in a group of about thirty cases, together with the Hood and Whiting cases, which last two cases went directly to the Supreme Court on certiorari. These four cases are the only ones in that group in which appeals to this court have been perfected.
The two most important cases in Massachusetts, viz., The H. P. Hood & Sons, Inc. et al. v. United States, and the Whiting Milk Company, since the issuing of the supersedeas, have, as above stated, been taken to the Supreme Court on certiorari, which, on June 5, 1939, rendered a decision sustaining the validity of the statute and the Market Order No. 4 of 1937 as amended, regulating the handling of milk in the Greater Boston marketing area, H. P. Hood v. United States, 307 U.S. ___, 59 S.Ct. 1019, 83 L.Ed. ___.
It was suggested in the briefs of counsel that this court take up at this time the question of whether the order of supersedeas issued by a Judge of this court on December 8, 1937, in each of the above cases after an appeal to this court, should be first vacated,...
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Parker v. United States
...hearing and deciding the appeal, directed that the said supersedeas issued by the district court be vacated. Green Valley Creamery, Inc., v. United States, 1 Cir., 105 F.2d 754. On December 15, 1939, this court affirmed the final decree of the district court. Green Valley Creamery, Inc., v.......
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United States v. Mills
...developed in H. P. Hood & Son v. United States, 1 Cir., 97 F.2d 677, which brought forth the decision reported in Green Valley Creamery v. United States, 1 Cir., 105 F.2d 754. This court stated, however, that the denial of the stay would be without prejudice to the right of defendants to ap......
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Green Valley Creamery v. United States, 3461-3465.
...the District Court had issued staying in part the operation of its final decrees pending decision on appeal. Green Valley Creamery, Inc. v. United States, 1 Cir., 105 F.2d 754. Detailed quotations from the Act and the Order are set forth in the opinions of the Supreme Court in the Hood and ......
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National Labor Relations Board v. Planters Mfg. Co., 4463.
... ... Upon charges filed by United Veneer Box and Barrel Workers Union, C. I. O., ... products so shipped to places in other states in the year 1936 was between $75,000 and ... ...