WEISSGLASS GOLD SEAL DAIRY CORPORATION v. BUTZ

73 Civ. 2464 (MP).

369 F.Supp. 632 (1973)

WEISSGLASS GOLD SEAL DAIRY CORPORATION et al., Plaintiffs, v. Earl L. BUTZ, Secretary of Agriculture of the United States of America, Defendant.

United States District Court, S. D. New York.

December 20, 1973.


Attorney(s) appearing for the Case

La Berteau & McLaughlin, New York City, Gold, Gold, Morland & Pittore, Flemington, N. J., for plaintiffs, by Michael Gold, Flemington, N. J., of counsel.

Paul J. Curran, U. S. Atty., S.D.N.Y., by V. Pamela Davis, New York City, of counsel.


OPINION

POLLACK, District Judge.

This action is brought pursuant to 7 U.S.C. § 608c(15) (B) for judicial review of an administrative ruling of a Judicial Officer of the United States Department of Agriculture. The parties have made cross-motions for summary judgment; there are no issues of material fact in dispute.

Plaintiffs are engaged in the business of receiving, handling, processing, selling...

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