MULROY v. BLOCK

No. 82-CV-1191.

574 F.Supp. 194 (1983)

Edward MULROY, d/b/a Mulroy Dairy Farms, Plaintiff, v. John R. BLOCK, Secretary of Agriculture of the United States of America, Defendant.

United States District Court, N.D. New York.

November 23, 1983.


Attorney(s) appearing for the Case

Carroll, Carroll & Butz, Syracuse, N.Y., for plaintiff; John Benjamin Carroll, Syracuse, N.Y., of counsel.

J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Civ. Div., Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty., N.D. N.Y., Syracuse, N.Y., for defendant; Stephen E. Hart, Catherine H. Coleman, Washington, D.C., Nancy Jones, Asst. U.S. Atty., Syracuse, N.Y., of counsel.


MEMORANDUM — DECISION AND ORDER

MUNSON, Chief Judge.

On October 29, 1982, the plaintiff, Edward Mulroy, commenced this action seeking to temporarily, preliminarily and permanently enjoin the defendant, John R. Block, from collecting funds pursuant to Title I of the Omnibus Budget Reconciliation Act of 1982, Pub.L. No. 97-253, Section 101, 96 Stat. 763 (Sept. 8, 1982 (amending 7 U.S.C. Section 1446)). Plaintiff initially challenged the assessment provisions...

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