SCHEPPS DAIRY, INC. v. BERGLAND

No. 77-1881.

628 F.2d 11 (1979)

SCHEPPS DAIRY, INC., a corporation, Appellant, v. Bob BERGLAND, Secretary, Department of Agriculture.

United States Court of Appeals, District of Columbia Circuit.

Decided November 19, 1979.

As amended an Denied of Rehearing February 25, 1980.


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 appellant.

John H. Vetne, Washington, D.C., a member of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, with whom Earl J. Silbert, U.S. Atty., Washington, D.C., at the time the brief was filed, William Kanter, Atty., Dept. of Justice, James Michael Kelly and Raymond W. Fullerton, Asst. Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., were on the brief, for appellees. Barbara Allen Babcock, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., also entered an appearance for appellee.

Before ROBINSON and WILKEY, Circuit Judges, and HAROLD H. GREENE, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

Dissenting Opinion filed by Circuit Judge WILKEY.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Schepps Dairy, Inc. (Schepps), a regulated "handler"1 of milk with a processing plant in Dallas, Texas, brought suit in the District Court challenging certain features of the Secretary of Agriculture's 1975 decision promulgating a pricing order for the Texas...

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