United States v. Lo Bue Brothers, a Partnership Mario Lo Bue, Fred Lo Bue, and Joseph Lo Bue, Partners and William Luther Woodall

The United States filed an action in the District Court for the Southern District of California pursuant to the provisions of Section 8a(5)-(7) of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C.A. § 601 et seq. (the Act) and 28 U.S.C.A. §§ 1345 and 1355. Named as defendants, appellees here, were Mario, Fred and Joseph Lo Bue, doing business under the partnership name of Lo Bue Brothers, and their sales manager, William Woodall.

Lo Bue Brothers, who operate as growers, handlers and shippers of navel oranges, and have a packing plant at Lindsay, California, were subject to an order of the Secretary of Agriculture regulating the handling of navel oranges. Pursuant to this order and regulations issued thereunder, Lo Bue Brothers were au thorized to handle certain quantities of navel oranges for the periods from 12:01 a. m., April 1, 1956 to 12:01 a. m., April 8, 1956 (the first week), and from 12:01 a. m., April 8, 1956 to 12:01 a. m., April 15, 1956 (the second week). During the first week Lo Bue Brothers shipped 23,-416 cartons in excess of their allowance of 12,363 cartons, and during the second week, prior to April 9, 1956, Lo Bue Brothers shipped 2,933…