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SUNTEX DAIRY v. BLOCK

No. 80-2101.

666 F.2d 158 (1982)

SUNTEX DAIRY, et al., Plaintiffs-Appellants, v. John R. BLOCK, Secretary of Agriculture of the United States, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 17, 1982.

Attorney(s) appearing for the Case

Atlas & Hall, Gary Gurwitz, Ballard Bennett, McAllen, Tex., for plaintiffs-appellants.

Raymond W. Fullerton, Terrence G. Jackson, U. S. Dept. of Agriculture, Washington, D. C., M. Angela Flores, Asst. U. S. Atty., Houston, Tex., John H. Sandor, Aaron Baer Kahn, Irene Marietta Solet, Dept. of Agriculture, Washington, D. C., for defendant-appellee.

Sydney Berde, St. Paul, Minn., for amicus Associated Milk Producers.

Before TATE and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 17, 1982.

TATE, Circuit Judge:

The plaintiff milk producers brought this action to challenge an order by the Secretary of Agriculture, which merged six milk marketing orders in Texas into a single new order regulating the former six-market area and additional previously unregulated counties. The district court held that substantial evidence supported the Secretary's determinations that (a) the merged order tends...

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