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RASMUSSEN v. HARDIN

Nos. 25668, 25669.

461 F.2d 595 (1972)

William J. RASMUSSEN, etc., Plaintiff-Appellant, v. Clifford HARDIN, Secretary of Agriculture of the United States, Defendant-Appellee. Marlene L. KRESSE et al., Plaintiff-Appellants, v. Clifford HARDIN, Secretary of Agriculture of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 29, 1972.

Attorney(s) appearing for the Case

John B. Carroll (argued), of Nottingham, Carroll, Paltz, Coughlin & Conan, Syracuse, N. Y., Stockton & Hing, Hill & Savoy, Phoenix, Ariz., for appellants.

William D. Appler (argued), Alan S. Rosenthal, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Richard K. Burke, U. S. Atty., Richard C. Gormley, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before MADDEN, Judge, United States Court of Claims, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

These are appeals by the plaintiffs from orders dismissing two actions challenging the validity of certain provisions of a milk marketing order promulgated by the defendant Secretary of Agriculture. We affirm in both cases.

1. Nature of the cases.

The complaints are identical in the two cases except for the parties plaintiff. In No. 25,668 the plaintiff Rasmussen is a milk producer and handler who also makes and sells...

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