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CRANSTON v. HARDIN

Nos. 693-699, Dockets 32793-32799.

428 F.2d 822 (1970)

Harold R. CRANSTON, Dale R. French, Helmer A. Carlson and David B. Phillips, Individually and on Behalf of All Other Persons in Their Class Who Are Similarly Situated and Affected, Plaintiffs-Appellants, v. Clifford M. HARDIN, Secretary of Agriculture of the United States, Defendant-Appellee, and Albert Guilian, Grover C. Atwood and A. J. Malnati, Individually and on Behalf of All Other Persons in Their Class Who Are Similarly Situated and Affected, Defendants-Intervenors-Appellees. Leonard DUNCAN, Kenneth Hewitt et al., Appellants, v. Harold R. CRANSTON et al., Clifford M. Hardin, Secretary of Agriculture of the United States, and Albert Guilian et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 16, 1970.

Attorney(s) appearing for the Case

John P. Weatherwax, Troy, N. Y. (James M. Strang, Troy, N. Y., of counsel), for appellants Cranston et al.

Walter H. Fleischer, Atty. Department of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Justin J. Mahoney, U. S. Atty., for District of Columbia, and Alan S. Rosenthal, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee Hardin.

Frederick U. Conard, Jr., Hartford, Conn. (Shipman & Goodwin, and Theodore M. Space, Hartford, Conn., on the brief), for appellees Guilian et al.

Charles P. Ryan, Washington, D. C. (Edward J. Ryan and John J. Simard, Washington, D. C.), for appellants Duncan et al., and The Alliance of Northeast Dairymen as amicus curiae.

James M. Jeffords, Atty. Gen. of State of Vermont, Montpelier, Vt., for the State of Vermont as amicus curiae.

Before MOORE and SMITH, Circuit Judges, and BARTELS, District Judge.

PER CURIAM:

Plaintiffs, dairy farmers residing in Rensselaer County, New York, brought this action on behalf of themselves and all other persons in their class against the Secretary of Agriculture for an injunction against allegedly discriminatory and as such unconstitutional price differentials to milk producers authorized by the Secretary pursuant to a Connecticut Milk Marketing Order (the Order), 7 C.F.R. § 1015, et seq. (1968), based upon the location of...

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