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OAK TREE FARM DAIRY, INC. v. BUTZ

72 C 1402.

390 F.Supp. 852 (1975)

OAK TREE FARM DAIRY, INC., Plaintiff, v. Earl L. BUTZ, Secretary of Agriculture of the United States, Defendant.

United States District Court, Eastern District of New York.

February 18, 1975.

Attorney(s) appearing for the Case

Harry Polikoff, New York City, Attorney for plaintiff.

David G. Trager, U. S. Atty., Eastern District of New York by Lloyd H. Baker, Asst. U. S. Atty. and Dennis Becker, U. S. Department of Agriculture, for defendant.

OPINION

NEAHER, District Judge.

Plaintiff, Oak Tree Farm Dairy, Inc. ("Oak Tree"), brought this action pursuant to the Agricultural Marketing Agreement Act of 1937, as amended ("the Act"), 7 U.S.C. § 601 et seq., seeking review under § 608c(15)(B) of a final decision of the defendant Secretary of Agriculture ("the Secretary") which upheld the validity of a portion of Milk Marketing Order No. 2 ("Order 2"), 7 C.F.R. 1002, promulgated under 7 U.S...

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