COMMUNITY NUTRITION INSTITUTE v. BLOCK

No. 81-2191.

698 F.2d 1239 (1983)

COMMUNITY NUTRITION INSTITUTE, et al., Appellants, v. John R. BLOCK, Secretary, United States Department of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1983.


Attorney(s) appearing for the Case

Janie A. Kinney, Washington, D.C., with whom Ronald L. Plesser and Steven H. Leyton, Washington, D.C., were on the brief, for appellants.

Susan Sleater, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees, Block, et al.

Sydney Berde, St. Paul, Minn., of the Bar of the Supreme Court of Minnesota, pro hac vice by special leave of Court, with whom James R. Murphy and Charles W. Bills, Washington, D.C., Richard M. Hagstrom, Gary W. Schokmiller, St. Paul, Minn., were on the brief, for appellees, Nat. Milk Producers Federation, et al.

Before TAMM, WILKEY and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

Opinion concurring in part and dissenting in part filed by Circuit Judge SCALIA.

WILKEY, Circuit Judge:

Appellants, three individual consumers of milk, a non-profit consumer organization and a handler of milk products, have joined forces to challenge the manner in which reconstituted milk is regulated under forty-seven milk market orders adopted pursuant to the Agricultural Marketing Agreement Act...

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