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UNITED STATES v. UNITED DAIRY FARMERS CO-OP. ASS'N

No. 79-1702.

611 F.2d 488 (1979)

UNITED STATES of America v. UNITED DAIRY FARMERS COOPERATIVE ASSOCIATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Oliver N. Hormell, California, Pa., for appellant.

Robert J. Cindrich, U.S. Atty., Jeffrey A. Manning, Asst. U.S. Atty., Pittsburgh, Pa., Terrence G. Jackson, Raymond W. Fullerton, Director, Litigation Div., Garrett B. Stevens, U.S. Dept. of Agriculture, Washington, D.C., for appellee.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 12, 1979.

OPINION OF THE COURT

PER CURIAM:

The question posed in this appeal is whether United Dairy Farmers Cooperative Association (United Dairy) is a "handler" of milk within the meaning of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. 608c (1976). United Dairy asserts that it is not a handler and therefore need not comply with Federal Milk Marketing Order No. 36, 7 C.F.R. § 1036...

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