SANI-DAIRY, A DIV. OF PENN TRAFFIC CO. v. ESPY

Civil Action Nos. 90-222J, 90-236J.

939 F.Supp. 410 (1993)

SANI-DAIRY, A DIVISION OF PENN TRAFFIC CO., INC.; John P. Strittmatter, d/b/a Strittmatters Dairy; Delbert and Ed Thomas; Lowell Friedlin; Arthur Bloom; and James L. Harris, Plaintiffs, v. Mike ESPY, Secretary of Agriculture, United States Department of Agriculture; and Commissioner of Agriculture and Markets, State of New York, Defendants. MILK MARKETING, INC., Plaintiffs, v. Mike ESPY, Secretary of Agriculture, Defendant.

United States District Court, W.D. Pennsylvania.

December 30, 1993.


Attorney(s) appearing for the Case

Marvin Beshore, Milspaw & Beshore, Harrisburg, PA, for plaintiffs.

Glen W. Wagner, Port Clinton, OH, John J. Valkovci, AUSA, Johnstown, PA, Donald Tracy, Office of General Counsel, U.S. Department of Agriculture, Washington, DC, for defendants.


FINDINGS OF FACT and CONCLUSIONS OF LAW

D. BROOKS SMITH, District Judge.

I. Introduction

Several Pennsylvania dairy farmers and a dairy cooperative1 challenge the validity of the Secretary of Agriculture's regulations governing the marketing of fluid milk in the New York-New Jersey milk marketing area.2 Plaintiffs allege that the Secretary's regulations, promulgated pursuant...

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