ABBOTTS DAIRIES DIV. OF FAIRMONT FOODS CO. v. BERGLAND

Civ. A. No. 71-549.

438 F.Supp. 629 (1977)

ABBOTTS DAIRIES DIVISION OF FAIRMONT FOODS COMPANY, Petitioner, v. Bob BERGLAND, Secretary of Agriculture, Respondent, and PennMarva Dairymen's Cooperative Federation, Inc., Intervenors.

United States District Court, E. D. Pennsylvania.

June 16, 1977.


Attorney(s) appearing for the Case

Roland Morris, Philadelphia, Pa., for Abbotts.

Donald F. Copeland, Philadelphia, Pa., for PennMarva.

John Sandor, Washington, D. C., for respondent.


OPINION

DITTER, District Judge.

The question presently under consideration in this case, which is before the court for the fourth (and hopefully final) time, is whether a milk handler (diary) is entitled to recover damages from the producer settlement fund for overpayments made to the fund and to milk producers (farmers) because of an illegal milk pricing order issued by the Secretary of Agriculture.

The factual background and procedural, history...

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