General Ice Cream Corporation, Plaintiff-appellant, v. Ezra Taft Benson, Secretary of Agriculture of the United States, Defendant-appellee, 217 F.2d 646 (2d Cir. 1954)

Appeal from the United States District Court for the Northern District of New York; James T. Foley, Judge.

Plaintiff, General Ice Cream Corporation, appeals from the entry of a summary judgment for defendant in an action to challenge the interpretation and legality of the ruling of a judicial officer on behalf of the Secretary of Agriculture that plaintiff's claim for storage cream payments was barred, since it was not filed within thirty days after the cream was utilized as required by the Secretary's Order 27 regulating the handling of milk in the New York Metropolitan area.

Harry Polikoff, New York City (Guggenheimer & Untermyer, New York City, on the brief), for plaintiff-appellant.

Donald A. Campbell, Atty., U. S. Dept. of Agriculture, Washington, D. C. (J. Stephen Doyle, Jr., and Neil Brooks, Sp. Assts. to Atty. Gen., Washington, D. C., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and MEDINA and HARLAN, Circuit Judges.

PER CURIAM.