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MARTIN v. BERGLAND

No. 79-1571.

639 F.2d 647 (1981)

Ethel and Don MARTIN, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Bob BERGLAND, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 19, 1981.

Attorney(s) appearing for the Case

Michael J. Friesen, Garden City, Kan., for plaintiffs-appellants.

Freddi Lipstein, Washington, D. C. (Alice Daniel, Asst. Atty. Gen. and Robert S. Greenspan, Atty., Civ. Div., Dept. of Justice, Washington, D. C., James P. Buchele, U. S. Atty., D. Kansas, Topeka, Kan., of counsel, with her on brief), for defendant-appellee.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from a district court's refusal to declare unconstitutional a regulation, 7 C.F.R. § 795.11, promulgated by the Secretary of Agriculture (Secretary) pursuant to the Agricultural Adjustment Act of 1938. The challenged regulation is part of Congress' elaborate attempt to avoid surpluses and shortages in farm products.1 Appellants claim that the regulation...

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