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MARCHEZAK v. McKINLEY

Nos. 78-2387, 78-2652, 79-1090 and 79-1094.

607 F.2d 37 (1979)

John MARCHEZAK, G. Richard Moose et al., Appellees, v. Myron R. McKINLEY, Market Administrator of Federal Order No. 36 and Referendum Agent, and Robert Bergland, United States Secretary of Agriculture, Appellants in Nos. 78-2652 and 79-1090. John MARCHEZAK et al., Appellees, v. MILK MARKETING, INCORPORATED, an agricultural cooperative corporation, Appellant-Intervenor in Nos. 78-2387 and 79-1094.

United States Court of Appeals, Third Circuit.

Decided October 3, 1979.

Attorney(s) appearing for the Case

Robert J. Cindrich, U. S. Atty., Jeffrey A. Manning (argued), Asst. U. S. Atty., Pittsburgh, Pa., James Michael Kelly, Asst. Gen. Counsel, Raymond W. Fullerton (argued), Director, Litigation Div., Terrence G. Jackson, Thomas R. Clark, Dept. of Agriculture, Washington, D. C., for appellants Myron R. McKinley and Robert Bergland.

H. Woodruff Turner (argued), David A. Borkovic, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for intervenor-appellant Milk Marketing Incorporated.

Willis F. Daniels (argued), Harrisburg, Pa., Roland Morris, Sheri B. Friedman, Duane, Morris & Heckscher, Philadelphia, Pa., Henry Rea, Jr., Pittsburgh, Pa., for appellees.

Before SEITZ, Chief Judge, and GIBBONS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal by the Secretary of Agriculture (the Secretary), the Milk Marketing Administrator of Federal Order Number 36, and Milk Marketing, Inc., from a final order of the district court enjoining the Secretary from enforcing a marketing order issued under the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. §§ 601 et seq. (1976). The marketing...

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