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FAIRMONT FOODS COMPANY v. HARDIN

No. 23808.

442 F.2d 762 (1971)

FAIRMONT FOODS COMPANY, Appellant, v. Clifford M. HARDIN, Secretary of Agriculture.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1971.

As Amended February 26, 1971.

Attorney(s) appearing for the Case

Mr. Milton Eisenberg, Washington, D. C., for appellant.

Mr. Walter H. Fleischer, Atty., Department of Justice, with whom Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee.

Before TAMM, LEVENTHAL and WILKEY, Circuit Judges.

LEVENTHAL, Circuit Judge:

This action was brought by the appellant Fairmont Foods to obtain review of a decision of the Secretary of Agriculture upholding the validity of a location differential provision of the Federal Milk Marketing Order for the Nebraska — Western Iowa Marketing area, 7 C.F.R. § 1065.51 (1965). The District Court sustained the Secretary's motion for summary judgment. We reverse.

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