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LEWES DAIRY, INC. v. FREEMAN

Civ. A. No. 2353.

260 F.Supp. 921 (1966)

LEWES DAIRY, INC. and Clifford S. Ott and James M. Faulkner, as individuals, and d/b/a Hollybrook Dairy, a partnership, Plaintiffs, v. Orville L. FREEMAN, Defendant.

United States District Court D. Delaware.

November 9, 1966.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Andrew B. Kirkpatrick, Jr., and Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiffs.

Alexander Greenfeld, U. S. Atty., Wilmington, Del., and Irwin Goldbloom, U. S. Department of Justice, Washington, D. C., for defendant; Joseph A. Walsh, U. S. Department of Agriculture, Washington, D. C., of counsel.

OPINION

LAYTON, District Judge.

Plaintiff Lewes Dairy et al. ("Lewes") has brought this action to review the validity of a milk marketing order (Order No. 127, currently, renumbered No. 16) promulgated by the defendant, the Secretary of Agriculture, pursuant to 7 U.S.C. § 608c et seq.

The plaintiff has properly exhausted its administrative remedies as provided by 7 U.S.C. § 608c (15) (A).1 This court has jurisdiction...

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