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WALMSLEY v. BLOCK

No. 82-2375.

719 F.2d 1414 (1983)

Don WALMSLEY, et al., Appellants, v. John R. BLOCK, Secretary of Agriculture of the United States; Mid-America Dairymen, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Carlyle C. Ring, Jr., Kaler, Worsley, Daniel & Hollman, Washington, D.C., for appellants.

James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Thomas D. Edmondson, U.S. Dept. of Agriculture, Washington, D.C., for appellees.

James A. Doyle, Omaha, Neb., John C. Gage, Gage & Tucker, Kansas City, Mo., for appellee-intervenor Mid-America Dairymen, Inc.

Before HEANEY, Circuit Judge, and HENLEY and BROWN, Senior Circuit Judges.

HENLEY, Senior Circuit Judge.

Appellants, a number of independent dairy farmers, seek to have the final rule of the Department of Agriculture amending the Nebraska-Western Iowa Milk Marketing Order No. 65, 46 Fed.Reg. 19813 (1981), declared invalid. Under that order, the minimum price paid to appellants for their milk was reduced in most instances by 7¢ and 9¢ per hundredweight. The district court granted the Secretary of Agriculture's motion for summary...

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