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CRANSTON v. HARDIN

Nos. 916, 918, 919, Dockets 73-2275, 73-2367, 73-2368.

504 F.2d 566 (1974)

Harold R. CRANSTON et al., Plaintiffs-Appellees, v. Clifford M. HARDIN, Secretary of Agriculture of the United States, Defendant-Appellee, and Albert Guilian et al., Defendants-Intervenors-Appellees, Roger L. Noble et al., Appellants, Laval Bilodeau et al., Appellants, Charles P. Ryan et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1974.

Attorney(s) appearing for the Case

Sanford Rosenblum, Albany, N. Y., for appellants Bilodeau and Ryan, and others.

John P. Weatherwax, Troy, N. Y., for plaintiffs-appellees Cranston, and others.

Irwin Goldbloom, Atty., Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., of counsel), for defendant-appellee Secretary of Agriculture.

Frederick U. Conard, Jr., Hartford, Conn. (Coleman H. Casey, Shipman & Goodwin, Hartford, Conn., of counsel), for defendants-intervenors-appellees Guilian, and others.

Charles P. Ryan, Washington, D. C., for appellants Noble, and others.

Caroline Nickerson, Montpelier, Vt., for amicus curiae Vermont Public Interest Research Group, Inc.

William C. Kittell, Burlington, Vt., for amici curiae Alliance of the Northeast Dairyman, National Farmers Organization, and Northern Farms Cooperative Association.

Before SMITH and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

MANSFIELD, Circuit Judge:

On a previous appeal in this case we held that a provision in the Connecticut Milk Marketing Order, 7 C.F.R. §§ 1015, et seq., permitting "nearby" dairy farmers to receive 46 cents per hundred-weight more for their milk marketed in Connecticut than "distant" farmers — i. e., farmers located outside of the market area — was invalid.1 See Cranston v. Hardin, 428 F.2d 822<...

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