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STERLING DAVIS DAIRY v. FREEMAN

Civ. No. 625-64.

253 F.Supp. 80 (1965)

STERLING DAVIS DAIRY, Plaintiff, v. Orville L. FREEMAN, Secretary of Agriculture of the United States of America, Defendant.

United States District Court D. New Jersey.

October 7, 1965.

Attorney(s) appearing for the Case

Parker, McCay & Criscuolo (Robert W. Criscuolo, Mount Holly, N. J., Daniels, Swope & Snyder, Harold W. Swope, Harrisburg, Pa.), for plaintiff.

David M. Satz, Jr., U. S. Atty., Mark E. Litowitz, Asst. U. S. Atty., Trenton, N. J., John G. Liebert, Atty., Dept. of Agriculture, Washington, D. C., for defendant.

LANE, District Judge:

This matter comes before the court by way of its review jurisdiction pursuant to 7 U.S.C. § 608c(15) (B) of the Agriculture Marketing Agreement Act of 1937.1 Both plaintiff and defendant, United States Secretary of Agriculture, seek summary judgment on the facts appearing in the administrative record. Wawa Dairy Farms v. Wickard, 56 F.Supp. 67 (E.D.Pa.1944), aff'd

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