UNITED STATES v. LAMARS DAIRY, INC.

No. 73-1889.

500 F.2d 84 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. LAMARS DAIRY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 1974.


Attorney(s) appearing for the Case

Irving Jaffe, Acting Asst. Atty. Gen., William Kanter and Barbara L. Herwig, Attys., Dept. of Justice, Washington, D. C., David J. Cannon, U. S. Atty., Milwaukee, Wis., for plaintiff-appellant.

Roy J. Josten, Racine, Wis., for defendants-appellees.

Before SWYGERT, Chief Judge, SPRECHER, Circuit Judge, and NOLAND, District Judge.


SPRECHER, Circuit Judge.

This appeal from the denial of plaintiff's motion for summary judgment is before the court as an appeal from an interlocutory order under 28 U.S.C. § 1292(b).

Pursuant to the Agricultural Adjustment Act, 7 U.S.C. § 601 et seq., the Secretary of Agriculture promulgated Federal Milk Order No. 30, 7 C.F.R. Part 1030. From the effective date of the order in 1968 until sometime in 1971, defendants made payments into the producer...

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