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FRIENDSHIP DAIRIES, INC. v. BUTZ

No. 75 C 1517.

432 F.Supp. 508 (1977)

FRIENDSHIP DAIRIES, INC., et al., Plaintiffs, v. Earl BUTZ, Secretary of the Department of Agriculture of the United States, Defendant.

United States District Court, E. D. New York.

May 18, 1977.

Attorney(s) appearing for the Case

Booth, Lipton & Lipton, New York City, for plaintiffs; David C. Toomey, Duane, Morris & Heckscher, Philadelphia, Pa., of counsel.

David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for defendant; Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

Simpson, Thacher & Bartlett, New York City, for intervenor Pennmarva Dairymen's Cooperative Federation, Inc.; Donald F. Copeland, Speese, Bongiovanni & Copeland, Philadelphia, Pa., of counsel.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiffs, nine manufacturers of milk products ("handlers"), brought this action pursuant to § 8c(15)(B) of the Agricultural Marketing Agreements Act ("Act"), 7 U.S.C. § 608c(15)(B), for judicial review of a ruling by the Secretary of Agriculture ("Secretary") which amended a milk marketing order ("Order No. 2"), 7 C.F.R. § 1002, so as to change the formula for calculating minimum milk prices to...

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