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HILLSIDE DAIRY, INC. v. KAWAMURA

Nos. CV-S-97-1179 GEB JFM, CV-S-97-1195-GEB JFM.

317 F.Supp.2d 1194 (2004)

HILLSIDE DAIRY, INC., et al. Plaintiffs, v. A.G. KAWAMURA, Secretary, California Department of Food & Agriculture, et al., Defendants. Ponderosa Dairy, et al. Plaintiffs, v. A.G. Kawamura, Secretary, California Department of Food & Agriculture, et al., Defendants.

United States District Court, E.D. California.

May 7, 2004.

Attorney(s) appearing for the Case

Rebecca Michelle Ceniceros, Livingston and Mattesich, Sacramento, CA, Patrick Martin Ryan, Thelen Reid and Priest LLP, San Francisco, CA, Wendy M. Yoviene, Ober Kaler Grimes and Shriver, Washington, DC, Charles M English, Thelen Reid and Priest LLP, Washington, DC, for Plaintiffs.

Leonard R. Stein, Dena Lee Ann Narbaitz, Steefel Levitt and Weiss, San Francisco, CA, Mark Joseph Urban, Bruce F. Reeves, Linda L. Berg, Attorney General's Office for the State of California, Sacramento, CA, Eugene M. Pak, Piper Rudnick, San Francisco, CA, Bruce F. Reeves, Longyear O'Dea and Lavra, Estela Olivia Pino, Pino and Associates, Sacramento, CA, for Defendants.

ORDER

BURRELL, District Judge.

Plaintiffs in both actions move for summary judgment on their facial challenge to California Food & Agricultural Code §§ 62077 and 62078, and certain 1997 amendments to the California Department of Food and Agriculture Pooling Plan for Market Milk ("Pooling Plan"), arguing these statutes and the amendments are unconstitutional under the Commerce Clause. Defendants oppose the motion, except for the portion...

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