wickard
filburn
argued
october
decided
november
appeal
district
southern
district
ohio
francis
biddle
atty
charles
fahy
sol
appellants
webb
clark
dayton
ohio
appellee
justice
jackson
delivered
opinion
appellee
filed
complaint
secretary
agriculture
three
members
county
agricultural
conservation
committee
montgomery
county
ohio
member
state
agricultural
conservation
committee
ohio
sought
enjoin
enforcement
marketing
penalty
imposed
amendment
may
agricultural
adjustment
act
upon
part
wheat
crop
available
marketing
excess
marketing
quota
established
farm
also
sought
declaratory
judgment
wheat
marketing
quota
provisions
act
amended
applicable
unconstitutional
tainable
commerce
clause
consistent
due
process
clause
fifth
amendment
secretary
moved
dismiss
action
improper
venue
later
waived
objection
filed
answer
appellants
moved
dismiss
ground
power
authority
enforce
wheat
marketing
quota
provisions
act
motion
denied
answered
reserving
exceptions
ruling
motion
dismiss
case
submitted
decision
pleadings
upon
stipulation
facts
appellee
many
years
past
owned
operated
small
farm
montgomery
county
ohio
maintaining
herd
dairy
cattle
selling
milk
raising
poultry
selling
poultry
eggs
practice
raise
small
acreage
winter
wheat
sown
fall
harvested
following
july
sell
portion
crop
feed
part
poultry
livestock
farm
sold
use
making
flour
home
consumption
keep
rest
following
seeding
intended
disposition
crop
involved
expressly
stated
july
pursuant
agricultural
adjustment
act
amended
established
appellee
crop
wheat
acreage
allotment
acres
normal
yield
bushels
wheat
acre
given
notice
allotment
july
fall
planting
crop
wheat
july
harvested
sowed
however
acres
harvested
acres
excess
acreage
bushels
terms
act
amended
may
constituted
farm
marketing
excess
subject
penalty
cents
bushel
appellee
paid
penalty
postponed
avoided
storing
excess
regulations
secretary
agriculture
delivering
secretary
committee
therefore
refused
marketing
card
terms
regulations
promulgated
secretary
necessary
protect
buyer
liability
penalty
upon
protecting
lien
general
scheme
agricultural
adjustment
act
related
wheat
control
volume
moving
interstate
foreign
commerce
order
avoid
surpluses
shortages
consequent
abnormally
low
high
wheat
prices
obstructions
commerce
within
prescribed
limits
prescribed
standards
secretary
agriculture
directed
ascertain
proclaim
year
national
acreage
allotment
next
crop
wheat
apportioned
counties
eventually
broken
allotments
individual
farms
loans
payments
wheat
farmers
authorized
stated
circumstances
act
provides
whenever
appears
total
supply
wheat
beginning
marketing
year
beginning
july
exceed
normal
year
domestic
consumption
export
per
cent
secretary
shall
proclaim
later
may
prior
beginning
marketing
year
marketing
year
compulsory
national
marketing
quota
shall
effect
respect
marketing
wheat
issuance
proclamation
june
secretary
must
however
conduct
referendum
farmers
subject
quota
determine
whether
favor
oppose
farmers
voting
referendum
oppose
secretary
must
prior
effective
date
quota
proclamation
suspend
operation
may
secretary
agriculture
made
radio
address
wheat
farmers
advocated
approval
quotas
called
attention
pendency
amendment
may
time
sent
congress
white
house
pointed
provision
increase
loans
wheat
per
cent
parity
made
mention
fact
also
increased
penalty
cents
bushel
parity
loan
rate
cents
stated
uncertain
world
situation
deliberately
planted
several
million
extra
acres
wheat
farmers
penalized
provided
insurance
shortages
food
pursuant
act
referendum
wheat
growers
held
may
according
required
published
statement
secretary
agriculture
per
cent
voting
favored
marketing
quota
per
cent
opposed
held
one
judge
dissenting
speech
secretary
invalidated
referendum
amendment
may
far
increased
penalty
farm
marketing
excess
fifteen
cents
per
bushel
prevailing
time
planting
subjected
entire
crop
lien
payment
thereof
applied
appellee
applied
retroactive
violation
fifth
amendment
alternatively
equities
case
required
filburn
helke
judgment
permanently
enjoined
appellants
collecting
marketing
penalty
cents
bushel
farm
marketing
excess
appellee
wheat
crop
subjecting
appellee
entire
crop
lien
payment
penalty
collecting
penalty
except
accordance
provisions
act
section
stood
prior
amendment
may
secretary
appealed
holding
secretary
speech
invalidated
referendum
manifest
error
read
whole
context
world
events
constituted
principal
theme
penalties
spoke
likely
form
ruinously
low
prices
resulting
excess
supply
rather
penalties
prescribed
act
interpretation
speech
given
effect
invalidating
referendum
evidence
voter
put
upon
secretary
words
interpretation
impressed
way
misled
showing
speech
influenced
outcome
referendum
record
fact
show
suggest
basis
even
guess
many
voting
farmers
dropped
work
listen
farmers
battle
democracy
morning
may
busy
hour
one
busiest
seasons
discourse
intended
reference
legislation
course
public
act
whose
terms
readily
available
speech
purport
exposition
provisions
hold
speech
cabinet
officer
failed
meet
judicial
ideals
clarity
precision
exhaustiveness
may
defeat
policy
embodied
act
congress
invest
communication
administrators
people
perils
heretofore
unsuspected
moreover
conclude
officer
able
accident
power
design
appellee
complaint
far
based
speech
frivolous
injunction
far
rests
ground
unwarranted
rock
royal
cooperative
ii
urged
commerce
clause
constitution
article
clause
congress
possess
power
instance
sought
exercise
question
merit
little
consideration
since
decision
darby
sustaining
federal
power
regulate
production
goods
commerce
except
fact
act
extends
federal
regulation
production
intended
part
commerce
wholly
consumption
farm
act
includes
definition
derivatives
related
wheat
addition
conventional
meaning
also
means
dispose
feeding
form
poultry
livestock
products
sold
bartered
exchanged
disposed
hence
marketing
quotas
embrace
may
sold
without
penalty
also
may
consumed
premises
wheat
produced
excess
acreage
designated
marketing
defined
penalty
imposed
thereon
penalties
depend
upon
whether
part
wheat
either
within
without
quota
sold
intended
sold
sum
federal
government
fixes
quota
including
farmer
may
harvest
sale
farm
needs
declares
wheat
produced
excess
acreage
may
neither
disposed
used
except
upon
payment
penalty
except
stored
required
act
delivered
secretary
agriculture
appellee
says
regulation
production
consumption
wheat
activities
urges
beyond
reach
congressional
power
commerce
clause
since
local
character
effects
upon
interstate
commerce
answer
government
argues
statute
regulates
neither
production
consumption
marketing
alternative
act
go
beyond
regulation
marketing
sustainable
implementation
power
congress
interstate
commerce
government
concern
lest
act
held
regulation
production
consumption
rather
marketing
attributable
dicta
decisions
might
understood
lay
activities
strictly
except
special
circumstances
present
regulated
commerce
power
effects
upon
interstate
commerce
matter
law
even
today
power
held
great
latitude
decision
activities
may
regulated
part
product
intended
interstate
commerce
intermingled
subjects
thereof
believe
review
course
decision
commerce
clause
make
plain
however
questions
power
congress
decided
reference
formula
give
controlling
force
nomenclature
foreclose
consideration
actual
effects
activity
question
upon
interstate
commerce
beginning
chief
justice
marshall
described
federal
commerce
power
breadth
never
yet
exceeded
gibbons
ogden
wheat
made
emphatic
embracing
penetrating
nature
power
warning
effective
restraints
exercise
must
proceed
political
rather
judicial
processes
wheat
page
nearly
century
however
decisions
commerce
clause
dealt
rarely
questions
congress
might
exercise
granted
power
clause
almost
entirely
permissibility
state
activity
claimed
discriminated
burdened
interstate
commerce
period
perhaps
little
occasion
affirmative
exercise
commerce
power
influence
clause
american
life
law
negative
one
resulting
almost
wholly
operation
restraint
upon
powers
discussion
decision
point
reference
instead
proper
exercise
congress
granted
power
often
concept
sovereignty
thought
implicit
status
statehood
certain
activities
occasionally
said
within
province
state
governments
beyond
power
congress
commerce
clause
enactment
interstate
commerce
interstate
commerce
power
began
exert
positive
influence
american
law
life
first
important
federal
resort
commerce
power
followed
sherman
thereafter
mainly
many
others
statutes
ushered
new
phases
adjudication
required
approach
interpretation
commerce
clause
light
actual
exercise
congress
power
thereunder
first
dealt
new
legislation
adhered
earlier
pronouncements
allowed
little
scope
power
congress
knight
earlier
pronouncements
also
played
important
part
several
five
cases
later
held
acts
congress
commerce
clause
excess
power
even
important
opinions
line
restrictive
authority
written
however
cases
called
forth
broader
interpretations
commerce
clause
destined
supersede
earlier
ones
bring
return
principles
first
enunciated
chief
justice
marshall
gibbons
ogden
supra
long
decision
knight
supra
justice
holmes
sustaining
exercise
national
power
intrastate
activity
stated
among
technical
legal
conception
practical
one
drawn
course
business
swift
soon
demonstrated
effects
many
kinds
intrastate
activity
upon
interstate
commerce
make
proper
subject
federal
regulation
cases
sustaining
exercise
federal
power
intrastate
matters
term
used
purpose
stating
rather
reaching
result
others
treated
synonymous
others
used
late
use
abandoned
cases
dealing
questions
federal
power
commerce
clause
shreveport
rate
cases
houston
held
railroad
rates
admittedly
intrastate
character
fixed
authority
state
might
nevertheless
revised
federal
government
economic
effects
upon
interstate
commerce
opinion
justice
hughes
found
federal
intervention
constitutionally
authorized
close
substantial
relation
interstate
traffic
control
essential
appropriate
security
traffic
efficiency
interstate
service
maintenance
conditions
interstate
commerce
may
conducted
upon
fair
terms
without
molestation
hindrance
page
page
recognition
relevance
economic
effects
application
commerce
clause
emplified
statement
made
mechanical
application
legal
formulas
longer
feasible
economic
measure
reach
power
granted
congress
commerce
clause
accepted
questions
federal
power
decided
simply
finding
activity
question
consideration
economic
effects
foreclosed
calling
present
chief
justice
said
summary
present
state
law
commerce
power
confined
exercise
regulation
commerce
among
extends
activities
intrastate
affect
interstate
commerce
exertion
power
congress
make
regulation
appropriate
means
attainment
legitimate
end
effective
execution
granted
power
regulate
interstate
commerce
power
congress
interstate
commerce
plenary
complete
may
exercised
utmost
extent
acknowledges
limitations
prescribed
constitution
follows
form
state
activity
constitutionally
thwart
regulatory
power
granted
commerce
clause
congress
hence
reach
power
extends
intrastate
activities
substantial
way
interfere
obstruct
exercise
granted
power
wrightwood
dairy
whether
subject
regulation
question
therefore
material
purposes
deciding
question
federal
power
us
activity
local
character
may
help
doubtful
case
determine
whether
congress
intended
reach
consideration
might
help
determining
whether
absence
congressional
action
permissible
state
exert
power
subject
matter
even
though
degree
affected
interstate
commerce
even
appellee
activity
local
though
may
regarded
commerce
may
still
whatever
nature
reached
congress
exerts
substantial
economic
effect
interstate
commerce
irrespective
whether
effect
might
earlier
time
defined
parties
stipulated
summary
economics
wheat
industry
commerce
among
wheat
large
important
although
wheat
raised
every
state
one
production
equal
consumption
sixteen
average
surplus
wheat
requirements
feed
seed
food
district
columbia
production
consumption
looked
supply
well
wheat
export
carryover
wheat
industry
problem
industry
years
largely
result
increased
foreign
production
import
restrictions
annual
exports
wheat
flour
period
ending
averaged
less
per
cent
total
production
averaged
per
cent
decline
export
trade
left
large
surplus
production
connection
abnormally
large
supply
wheat
grains
recent
years
caused
congestion
number
markets
tied
railroad
cars
caused
elevators
instances
turn
away
grains
railroads
institute
embargoes
prevent
congestion
many
countries
importing
exporting
sought
modify
impact
world
market
conditions
economy
importing
countries
taken
measures
stimulate
production
four
large
exporting
countries
tina
australia
canada
undertaken
various
programs
relief
growers
measures
designed
part
least
protect
domestic
price
received
producers
plans
generally
evolved
towards
control
central
government
absence
regulation
price
wheat
much
affected
world
conditions
producers
cooperated
agricultural
adjustment
program
received
average
price
farm
bushel
compared
world
market
price
cents
bushel
differences
farming
conditions
however
make
benefits
mean
different
things
different
wheat
growers
several
large
areas
specialization
wheat
concentration
crop
reaches
percent
crop
land
average
harvest
runs
high
acres
except
use
wheat
stock
feed
seed
practice
sell
crop
cash
wheat
areas
constitutes
bulk
interstate
commerce
therein
hand
new
england
less
one
percent
crop
land
devoted
wheat
average
harvest
less
five
acres
per
farm
average
percentage
total
wheat
production
sold
state
measured
value
ranged
per
cent
thereof
wisconsin
per
cent
washington
except
regions
production
wheat
usually
grown
rotation
crops
nurse
crop
grass
seeding
cover
crop
prevent
soil
erosion
leaching
sold
kept
seed
percentage
total
production
much
larger
areas
specialization
consumed
farm
grown
purpose
farmers
growing
wheat
may
even
find
balance
interest
consumer
side
effect
consumption
homegrown
wheat
interstate
commerce
due
fact
constitutes
variable
factor
disappearance
wheat
crop
consumption
farm
grown
appears
vary
amount
greater
per
cent
average
production
total
amount
wheat
consumed
food
varies
relatively
little
use
seed
relatively
constant
maintenance
government
regulation
price
wheat
undoubtedly
accomplished
effectively
sustaining
increasing
demand
limiting
supply
effect
statute
us
restrict
amount
may
produced
market
extent
well
one
may
forestall
resort
market
producing
meet
needs
appellee
contribution
demand
wheat
may
trivial
enough
remove
scope
federal
regulation
contribution
taken
together
many
others
similarly
situated
far
trivial
national
labor
relations
board
fainblatt
et
darby
supra
page
well
established
decisions
power
regulate
commerce
includes
power
regulate
prices
commodities
commerce
dealt
practices
affecting
prices
one
primary
purposes
act
question
increase
market
price
wheat
end
limit
volume
thereof
affect
market
hardly
denied
factor
volume
variability
wheat
substantial
influence
price
market
conditions
may
arise
marketable
condition
wheat
overhangs
market
induced
rising
prices
tends
flow
market
check
price
increases
assume
never
marketed
supplies
need
man
grew
otherwise
reflected
purchases
open
market
wheat
sense
competes
wheat
commerce
stimulation
commerce
use
regulatory
function
quite
definitely
prohibitions
restrictions
thereon
record
leaves
us
doubt
congress
may
properly
considered
wheat
consumed
farm
grown
wholly
outside
scheme
regulation
substantial
effect
defeating
obstructing
purpose
stimulate
trade
therein
increased
prices
said
however
act
forcing
farmers
market
buy
provide
unfair
promotion
markets
prices
specializing
wheat
growers
essence
regulation
lays
restraining
hand
selfinterest
regulated
advantages
regulation
commonly
fall
others
conflicts
economic
interest
regulated
advantage
wisely
left
system
resolution
congress
flexible
responsible
legislative
process
conflicts
rarely
lend
judicial
determination
wisdom
workability
fairness
plan
regulation
nothing
iii
statute
also
challenged
deprivation
property
without
due
process
law
contrary
fifth
amendment
regulatory
effect
appellee
alleged
retroactive
effect
sustained
plea
ground
forbidden
retroactivity
alternative
equities
case
shown
record
favor
plaintiff
act
congress
refused
application
courts
arbitrary
capricious
forbidden
due
process
clause
merely
deemed
particular
case
work
inequitable
result
appellee
claim
act
works
deprivation
due
process
even
apart
allegedly
retroactive
effect
persuasive
control
total
supply
upon
whole
statutory
plan
based
depends
upon
control
individual
supply
appellee
claim
quota
represented
less
fair
share
national
quota
fifth
amendment
requires
free
penalty
planting
wheat
disposing
crop
sees
fit
agree
effort
control
total
supply
government
gave
farmer
choice
course
designed
encourage
cooperation
discourage
farmer
planted
within
allotment
effect
guaranteed
minimum
return
much
wheat
brought
sold
world
market
basis
exemption
applicability
quotas
made
favor
small
producers
farmer
produced
excess
quota
might
escape
penalty
delivering
wheat
secretary
storing
privilege
sale
without
penalty
later
year
fill
quota
irrespective
quotas
longer
effect
obtain
loan
per
cent
rate
cooperators
cents
bushel
much
wheat
subject
penalty
marketed
finally
might
make
disposition
wheat
subject
penalty
agreed
result
wheat
programs
able
market
wheat
price
world
price
based
natural
reaction
supply
demand
hardly
find
denial
due
process
circumstances
particularly
since
even
doubtful
appellee
burdens
program
outweigh
benefits
hardly
lack
due
process
government
regulate
subsidizes
amendment
may
said
invalidly
retroactive
two
respects
first
increased
penalty
cents
cents
bushel
secondly
new
definition
marketing
excess
subjected
penalty
wheat
theretofore
subject
penalty
wheat
defined
act
denied
seed
time
harvest
important
changes
made
act
affected
desirability
advantage
planting
excess
acreage
law
stood
appellee
planted
crop
made
quota
farm
normal
actual
production
acreage
allotment
whichever
greater
plus
wheat
marketed
without
penalty
preceding
marketing
year
act
also
provided
farmer
quotas
effect
marketed
wheat
excess
quota
farm
produced
subject
penalty
cents
bushel
excess
marketed
marketing
wheat
defined
including
disposition
feeding
form
poultry
livestock
products
sold
bartered
exchanged
amendment
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loan
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worse
aggregate
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appear
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process
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cf
mulford
smith
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footnotes
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supp
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amended
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conclusion
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question
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federal
register
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imposed
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bushel
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wheat
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see
also
amendments
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july
stat
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see
also
gray
powell
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amendment
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register
constitution
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discussing
affirming
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stating
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carter
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see
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anderson
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illinois
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railroad
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coal
cf
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wall
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power
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pfost
northern
securities
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supra
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lawlor
baltimore
interstate
commerce
commission
southern
ry
second
employers
liability
cases
mondou
new
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patten
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workers
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meisel
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cf
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hosiery
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pennsylvania
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oil
santa
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labor
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baltimore
interstate
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second
employers
liability
cases
mondou
new
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commerce
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goodrich
transit
cf
federal
trade
commission
bunte
interesting
note
federated
systems
government
course
without
important
differences
wheat
regulation
national
government
argentina
wheat
may
purchased
national
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board
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pegged
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agreement
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see
nolan
argentine
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price
guaranty
foreign
agriculture
office
foreign
agricultural
relations
department
agriculture
may
pp
australian
system
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licensing
growers
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amount
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wright
australian
wheat
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foreign
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office
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relations
department
agriculture
september
pp
canadian
wheat
board
wide
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canadian
wheat
also
subject
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disposition
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see
also
wheat
acreage
reduction
act
geo
vi
swift
stafford
wallace
board
trade
chicago
olsen
coronado
coal
mine
workers
trenton
potteries
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moorhead
standard
oil
indiana
currin
wallace
mulford
smith
rock
royal
operative
supra
oil
sunshine
anthracite
coal
adkins
darby
supra
wrightwood
dairy
supra
federal
power
commission
pipeline
cf
mcculloch
maryland
wheat
gibbons
ogden
supra
wheat
page
stafford
wallace
board
trade
chicago
olsen
helvering
gerhardt
amendment
may
provided
farm
marketing
quota
applicable
farm
acreage
planted
wheat
excess
fifteen
acres
appellee
planted
wheat
quota
inapplicable
farm
normal
production
acreage
planted
wheat
less
bushels
agricultural
adjustment
act
amended
stat
amendment
may
amended
july
stat
amended
july
stat
amendment
december
stat
effective
may
provided
farm
marketing
excess
larger
amount
actual
production
exceeds
normal
production
farm
wheatacreage
allotment
producer
establishes
actual
production
satisfaction
secretary
provision
made
adjustment
penalty
event
downward
adjustment
amount
farm
marketing
excess
amendment
may
provided
loan
basic
loan
rate
cooperators
see
department
agriculture
press
release
may
percentage
employed
amendment
may
increase
amount
loan
result
increase
basic
loan
rate
effected
amendment
federal
register