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WINDHAM CREAMERY, INC. v. FREEMAN

No. 15078.

350 F.2d 978 (1965)

WINDHAM CREAMERY, INC., Appellant, v. Orville L. FREEMAN, Secretary of Agriculture.

United States Court of Appeals Third Circuit.

Decided August 13, 1965.

Attorney(s) appearing for the Case

Edward W. Currie, Matawan, N. J., for appellant.

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Frederick B. Abramson, Atty., Dept. of Justice, Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, Washington, D. C., on the brief), for appellee.

Before HASTIE and FREEDMAN, Circuit Judges, and WEBER, District Judge.

HASTIE, Circuit Judge.

In this proceeding, authorized by section 8c(15) (B) of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 608c(15) (B), Windham Creamery, Inc., a fully regulated handler of milk that operates a pool plant in Windham, New York, contends that so much of the New York — New Jersey Milk Marketing Order,1 hereinafter designated Order No. 27, as establishes a different classification and a higher...

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