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ABBOTTS DAIRIES DIV. OF FAIRMONT FOODS, INC. v. HARDIN

Civ. A. No. 71-549.

351 F.Supp. 561 (1972)

ABBOTTS DAIRIES DIVISION OF FAIRMONT FOODS, INC., Plaintiff, v. Clifford M. HARDIN, Secretary of Agriculture of the United States Department of Agriculture, Defendant.

United States District Court, E. D. Pennsylvania.

November 27, 1972.

Attorney(s) appearing for the Case

Roland Morris, Philadelphia, Pa., for plaintiff.

John H. Sandor, Dept. of Agriculture, Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

OPINION

DITTER, District Judge.

In this case the question is whether the Secretary of Agriculture may issue a milk-pricing order in the absence of credible evidence to support his decision.

The controversy arises out of a ruling made by the Acting Secretary on August 20, 1969, 34 F.R. 13601, following a hearing on June 16 and 17, 1969. This decision abolished "bracketed pricing" of milk in the Delaware Valley.1 Historically...

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