Berdie
Berdie v. Kurtz
Opinion
Lead Opinion
Neterer, J.
' This appeal is from a decree in the District Court following the decision of this court ( 75 F.(2d) 898 ) declaring unconstitutional the Agricultural Adjustment Act, 48 Stat. 31 (U. S. v. Butler et al., Receiver of Hoosie Mill Corp., 297 U.S. 1 , 56 S.Ct. 312 , 80 L.Ed. 477 , 102 A.L.R. 914 ) .under which the licenses authorizing collection of the money in issue was made directing the payment to appellees; and restraining appellants from demanding or endeavoring to collect from appellees money set out in their complaint.
October 10, 1934, the District Court entered an order as follows: “It is ordered that within ten days from October 3, 1934, plaintiffs individually shall deposit with the Clerk of this Court that portion, if any, of the amount of the price of milk purchased from any producer, other than plaintiffs themselves, which they are now withholding as deductions of any kind or nature pursuant to any order or demands of the administrators of the milk licenses in the Los Angeles area. They shall, within said time, prepare and file with the Clerk statements from all designated, the several producers or handlers of milk from whom any such payments have been withheld,…