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MARKETING ASSISTANCE PROGRAM, INC. v. BERGLAND

No. 76-1696.

562 F.2d 1305 (1977)

MARKETING ASSISTANCE PROGRAM, INC., Brookshire Dairy Products Company and J. W. McWhorter, Appellants, v. Bob BERGLAND, Secretary of Agriculture of the United States et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Carlyle C. Ring, Jr., Washington, D. C., with whom Lawrence D. Hollman, Washington, D. C., was on the brief, for appellants.

Richard A. Graham, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Asst. U. S. Atty., James Michael Kelly, Asst. Gen. Counsel, Dept. of Agriculture and John H. Sandor, Atty., Dept. of Agriculture, Washington, D. C., were on the brief, for Federal appellees.

Frank H. Strickler, Washington, D. C., entered an appearance for appellees, Gulf Dairy Association, Inc., et al.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge.

This is an appeal from a decision of the district court granting summary judgment to the Secretary of Agriculture in an action attacking the validity of a milk marketing order. Marketing orders are promulgated on a regional basis and establish the minimum price producers receive for their milk. At issue here is an order including Mississippi in the New Orleans marketing region...

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