United States v. Calistan Packers, Inc.

This proceeding concerns the peach industry in California. Ninety-nine and nine-tenths per cent, of the national production of canned peaches for interstate and foreign commerce is packed in this state. Suit is brought by the United States and the Secretary of Agriculture for injunctive and other relief against the operations of defendant, a peach canner, in violation of the marketing agreement and license for cling peaches canned in the state of California, which was approved and executed by the Secretary on August 17, 1933, under the Act of May 12, 1933, known as the Agricultural Adjustment Act (7 USCA §§ 691-619). The case coming on for a hearing upon plaintiffs’ application for a temporary injunction and plaintiffs’ motion for the appointment of a receiver was by consent and after argument submitted to the court for final adjudication on the merits as presented by plaintiffs’ bill of complaint, defendant’s answer, and the affidavits in support of plaintiffs’ motions.

The violations set forth go to the very heart of the plan before the court and are in effect a challenge to the integrity and efficacy of that plan. They are: (1) Total production and sale far in excess of the…