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ABBOTTS DAIRIES DIVISION OF FAIRMONT FOODS v. BUTZ

Nos. 77-2245, 77-2246 and 77-2247.

584 F.2d 12 (1978)

ABBOTTS DAIRIES DIVISION OF FAIRMONT FOODS, INC. v. Earl M. BUTZ, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperative Farmers and Capitalmilk Producers Cooperative, Inc., Intervening defts., Pennmarva Dairymen's Cooperative Federation, Inc., Intervenors, Appellant in No. 77-2245. ABBOTTS DAIRIES DIVISION OF FAIRMONT FOOD, INC., Appellant in No. 77-2246, v. Earl M. BUTZ, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperative Farmers and Capitalmilk Producers Cooperative, Inc., Intervening defts. ABBOTTS DAIRIES DIVISION OF FAIRMONT FOOD, INC. v. Earl M. BUTZ, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperative Farmers and Capitalmilk Producers Cooperative, Inc., Intervening defts. Bob Bergland, Secretary of Agriculture, Appellant in No. 77-2247.

United States Court of Appeals, Third Circuit.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Roland Morris, Sheri B. Friedman, of Duane, Morris & Heckscher, Philadelphia, Pa., for appellant in 77-2246, and for appellee in 77-2245 and 77-2247.

Donald F. Copeland, of Speese, Bongiovanni & Copeland, Philadelphia, Pa., for intervenor-appellants in 77-2245, and for intervenor-appellees in 77-2246 and 77-2247.

Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz, Atty., U.S. Dept. of Justice, Washington, D.C., James Michael Kelly, Asst. Gen. Counsel, Raymond W. Fullerton, Director, Litigation Div., John H. Vetne, Atty., Office of the Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., for appellant in 77-2247, and for appellee in 77-2245 and 77-2246.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Under the Agricultural Adjustment Act of May 12, 1933, 48 Stat. 31, as amended, 7 U.S.C. § 601 et seq., the minimum price at which milk processors and distributors ("handlers") may purchase unprocessed milk from farmers ("producers") is subject to regulation by the Secretary of Agriculture. As a result, milk prices are typically adjusted in accordance with changing economic indices...

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