24352. Joseph S. Morsan, et al., v. Arthur M. Hyde (Henry A. "Wallace). 
Snit to enjoin the Secretary of Agriculture from enforcing 
against canned peas prepared from soaked dry peas, the pro- 
visions of the regulations of the Secretary of Agriculture pre- 
scribing standard* for canned peas and labeling of canned peas 
which fail to conform to such standard. Permanent injunction 
granted.
On December 23, 1932, Joseph S. Morgan and Ivan C. Morgan, copartners, 
trading as the Morgan Packing Co., Austin, Ind., filed a bill of complaint in 
the Supreme Court of the District of Columbia against Arthur M. Hyde, Sec- 
retary of Agriculture, praying that the defendant be restrained from enforcing 
against canned peas packed from mature dry peas, the provisions of the regu- 
lations prescribing standards for canned peas. The complaint sets forth sub- 
stantially the same allegations as those contained in the complaint filed by 
plaintiffs in the Southern District of Indiana against George R. Jeffrey, United 
States attorney, and Arthur M. Hyde, which was dismissed as to the latter 
for lack of jurisdiction (notice of judgment no. 24351) and prayed, as in the 
former complaint, that a preliminary hearing be granted on the question of a 
temporary injunction, that a temporary restraining order be issued, and that 
upon final hearing the defendant be permanently enjoined from enforcing 
the said regulations.   A motion for a temporary restraining order was denied.
On January 18, 1933, a motion for a preliminary injunction was argued to 
the court and was granted. Subsequently Henry A. Wallace, who had succeeded 
Arthur M. Hyde as Secretary of Agriculture, was substituted as defendant.
On January 16, 1935, final hearing having been held, a decree was entered 
permanently enjoining the Secretary of Agriculture and all subordinate officers 
and agents acting under his direction and authority, from enforcing against 
plaintiffs' product, consisting of canned peas prepared from matured dry peas, 
the provisions of the regulations requiring that they be labeled as substandard, 
the court holding that they were a separate class of canned food from canned 
peas canned in their tender immature state.
M. L. WILSON, Acting Secretary of Agriculture.