No. 19801.

370 F.2d 229 (1966)

Lorton BLAIR et al., Appellants, v. Orville FREEMAN, Secretary of Agriculture of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 18, 1966.

Attorney(s) appearing for the Case

Mr. Charles Patrick Ryan, Washington, D. C., and Mr. C. Wayne Smyth, Troy, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, for appellants.

Mr. Edward Berlin, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David G. Bress, U. S. Atty., Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellee. Mr. Morton Hollander, Atty., Dept. of Justice, also entered an appearance for appellee.

Mr. Lawrence D. Hollman, Washington, D. C., filed a brief on behalf of New England Milk Producers' Assn., Connecticut Milk Producers Assn., Local Dairymen's Cooperative Assn., Inc., and Producers Dairy Co. as amici curiae, urging affirmance.

Mr. John A. Cardon, Washington, D. C., filed a brief on behalf of Dairymen's League Cooperative Assn., Inc., and United Milk Producers' Cooperative Assn. of New Jersey as amici curiae, urging affirmance.

Before DANAHER, McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellants are Pennsylvania dairy farmers who brought this action against the Secretary of Agriculture for themselves and for other milk producers similarly situated, seeking declaratory relief and an injunction restraining his enforcement of the so-called "nearby differential" provision1 in the milk marketing regulation governing the New York-New Jersey Milk Marketing Area. The District Court, after a hearing...


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