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MARIGOLD FOODS, INC. v. BUTZ

No. 73-1311.

493 F.2d 60 (1974)

MARIGOLD FOODS, INC., Appellant, v. Earl L. BUTZ, Secretary of Agriculture, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1974.

Attorney(s) appearing for the Case

Sydney Berde, St. Paul, Minn., for appellant.

Victor W. Palmer, U. S. Dept. of Agriculture, Washington, D. C., for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

The sole issue on this appeal is whether the Grade A skim milk used by the appellant, Marigold, in the "Dairyland" marketing area1 to produce "Party Dip," was properly classified by the Market Administrator as Class I under Order No. 61, 7 C.F.R., Part 1061 (1969). The Judicial Officer of the Department of Agriculture, acting for the Secretary of Agriculture,2 sustained the Administrator...

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