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NATIONAL FARMERS' ORGANIZATION, INC. v. BLOCK

Civ. A. No. 82-C-1602.

561 F.Supp. 1201 (1983)

NATIONAL FARMERS' ORGANIZATION, INC., et al., Plaintiffs, v. John R. BLOCK, et al., Defendants.

United States District Court, E.D. Wisconsin.

April 20, 1983.

Attorney(s) appearing for the Case

Daniel A. Milan, Asst. Atty. Gen., Madison, Wis., Jon K. Murphy, Asst. Atty. Gen., St. Paul, Minn., George M. St. Peter, Fond du Lac, Wis., amicus curiae.

James A. Urdan, Milwaukee, Wis., and Richard A. Green, and John P. McKenna, Washington, D.C., for plaintiffs.

Joseph P. Stadtmueller, U.S. Atty. by Jan E. Kearney, Asst. U.S. Atty., Milwaukee, Wis., and Dennis Linder, Stephen E. Hart, Kevin Kovacs, Dept. of Justice, Civil Division, Washington, D.C., for defendants.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This suit presents a challenge to § 101 of the Omnibus Budget Reconciliation Act of 1982, Pub.L. No. 97-253, 96 Stat. 763 (amending the Agricultural Act of 1949, § 201, 7 U.S.C. § 1446), and to the regulations promulgated by the defendant Secretary of Agriculture to implement that statute. As amended, 7 U.S.C. § 1446(d)(2) authorizes the Secretary to deduct 50 cents per hundredweight from the...

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