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HEBER VALLEY MILK COMPANY v. BUTZ

No. 73-1725.

503 F.2d 96 (1974)

HEBER VALLEY MILK COMPANY, Plaintiff-Appellant, v. Earl BUTZ, United States Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 1, 1974.

Attorney(s) appearing for the Case

Richard W. Giauque, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy and Jean L. W. Barnard, Salt Lake City, Utah, on the brief), for plaintiff-appellant.

Judith S. Feigin, Washington, D. C. (Irving Jaffe, Acting Asst. Atty. Gen., C. Nelson Day, U. S. Atty. and Robert E. Kopp, Atty., Dept. of Justice, on the brief), for defendant-appellee.

Before CLARK, Justice, and HILL and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Pursuant to 7 U.S.C. § 608c(15)(B), Heber Valley Milk Company filed in the United States District Court for The District of Utah a petition for review of a milk order of Earl Butz, the Secretary of Agriculture. Butz incorporated in his answer by reference a certified copy of the transcript of proceedings before the Department of Agriculture and then moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure on...

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