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Agriculture Law

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University of Michigan Law School

Michigan Law Review

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Interstate commerce

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Full-Text Articles in Law

Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson Apr 1943

Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson

Michigan Law Review

Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …


Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review

Michigan Law Review

Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …


Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3) Apr 1935

Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)

Michigan Law Review

Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …