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AMERICAN DAIRY OF EVANSVILLE, INC. v. BERGLAND

No. 77-1926.

627 F.2d 1252 (1980)

AMERICAN DAIRY OF EVANSVILLE, INC., et al., Appellants, v. Robert BERGLAND, Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1980.

Rehearing Denied July 1, 1980.

Attorney(s) appearing for the Case

Robert N. Sayler, Washington, D. C., with whom Joanne B. Grossman, Washington, D. C., was on brief, for appellants.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty.*, John A. Terry, Michael W. Farrell, Nathan Dodell, Asst. U. S. Attys., and Garrett B. Stevens, Atty., Dept. of Agriculture, Washington, D. C., were on brief, for appellees.

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

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

WILKEY, Circuit Judge:

This appeal involves a provision in certain milk marketing orders whereby retroactive notice is given of Class II prices that milk handlers must pay producers. Appellant handlers and two dairy associations filed suit in the district court seeking judicial review of the retroactive notice provision. The district...

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