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DAIRYLEA COOPERATIVE, INC. v. BUTZ

No. 1185, Docket 74-1160.

504 F.2d 80 (1974)

DAIRYLEA COOPERATIVE, INC., Plaintiff-Appellant, v. Earl L. BUTZ, Secretary of the Department of Agriculture of the United States, Defendant-Appellee, Pennmarva Dairymen's Cooperative Federation, Inc., Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 1, 1974.

Attorney(s) appearing for the Case

Sydney C. Winton, New York City (Botein, Hays, Sklar & Herzberg, New York City, on the brief), Stanley M. Kolber and Mark J. Florsheim, New York City, of counsel), for appellant.

V. Pamela Davis, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., Gerald A. Rosenberg Asst. U. S., Atty., of counsel), for appellee.

Donald F. Copeland, Philadelphia, Pa. (Speese Kephart & Bongiovanni, Philadelphia, Pa., on the brief, Simpson Thacher & Bartlett, New York City, of counsel), for intervenor-appellee.

Before SMITH and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Dairylea Cooperative, Inc. ("Dairylea") is an association of dairy farmers organized pursuant to 7 U.S.C. § 291 (1970) which, in addition to representing producers, acts as a milk handler.1 Its members are producers located in New York, New Jersey, Pennsylvania and elsewhere and subject generally to Federal Milk Marketing Order 2 (7 C. F.R. §§ 1002.1 et seq. (1974)). Pennmarva Dairymen's Cooperative...

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