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DAIRYLEA COOPERATIVE, INC. v. BUTZ

No. 72 Civ. 4653.

366 F.Supp. 1335 (1973)

DAIRYLEA COOPERATIVE, INC., Plaintiff, v. Earl L. BUTZ, Secretary of the Department of Agriculture of the United States, Defendant.

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

November 15, 1973.

Attorney(s) appearing for the Case

Botein, Hays, Sklar & Herzberg, New York City, for plaintiff; Sydney C. Winton and Stanley M. Kolber, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendant; Joel Harris, and V. Pamela Davis, Asst. U. S. Attys., of counsel.

ROBERT L. CARTER, District Judge.

OPINION

I

Dairylea is a cooperative of dairy producers which serves as a handler for some of the milk produced by its members. It is suing as a representative of its producer-members to challenge the base-excess provisions of an order regulating the handling of milk in the Middle Atlantic Region. In its capacity as a handler, Dairylea is required by the order to pay certain amounts into a pool for the milk which...

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