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JONES v. BERGLAND

Civ. A. No. 77-3271.

456 F.Supp. 635 (1978)

Lester C. JONES, William T. Fulton, Inter-State Milk Producers' Cooperative, Lehigh Valley Cooperative Farmers, Maryland Cooperative Milk Producers, Inc., Maryland and Virginia Milk Producers, Capitol Milk Producers Cooperative, Pennmarva Dairymen's Federation, Inc. v. Bob BERGLAND, Secty. of Agriculture of U. S., Dairylea Cooperative, Inc. & Northeast Dairy Cooperative Federation, Inc. and Tuscan Dairy Farms, Inc. (Intervenor).

United States District Court, E. D. Pennsylvania.

June 30, 1978.

Attorney(s) appearing for the Case

Donald F. Copeland, Speese, Bongiovanni & Copeland, Philadelphia, Pa., for plaintiffs.

Harry Polikoff, Philip M. Hammett, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Eastern Milk Producers and Dairylea Nedco.

David W. Marston, U. S. Atty., Robert S. Forster, Jr., Philadelphia, Pa., Garrett B. Stevens, Washington, D. C., for Bob Bergland.

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

Plaintiffs challenge the validity of a final partial decision and order of the defendant Secretary of Agriculture of the United States (Secretary) dated August 12, 1977, issued pursuant to an administrative rulemaking proceeding, Docket No. AO-71-A71, regarding Federal Milk Marketing Order No. 2 (7 C.F.R. 1002) which regulates the marketing of milk in the New York-New Jersey Marketing area. The final partial...

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