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SUNNY HILL FARMS DAIRY CO. v. HARDIN

No. 20201.

446 F.2d 1124 (1971)

SUNNY HILL FARMS DAIRY CO., Inc., Plaintiff-Appellee, v. Clifford HARDIN, Secretary of Agriculture, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

August 25, 1971.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, William D. Appler, Attys., Department of Justice, Washington, D. C., for defendant-appellant.

James S. Newberry, O'Herin & Newberry, Malden, Mo., for plaintiff-appellee.

Stuart H. Russell, Oklahoma City, Okl., James A. Doyle, Omaha, Neb., for amici curiae Associated Milk Producers, Inc. and Mid-America Dairymen, Inc.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and HANSON, District Judge.

HEANEY, Circuit Judge.

The primary question raised on this appeal is the validity of an amendment to the St. Louis, Missouri, Milk Marketing Order. The amendment requires handlers with plants in three southern counties of the marketing area to pay producers an additional fifteen cents per hundredweight for milk. The District Court held that the differential was not a statutorily permissible one.

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