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MULROY v. BLOCK

No. 1304, Docket 84-6025.

736 F.2d 56 (1984)

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

United States Court of Appeals, Second Circuit.

Decided June 7, 1984.

Attorney(s) appearing for the Case

John Benjamin Carroll, Syracuse, N.Y. (Carroll, Carroll, Butz, Storinge & Young, Syracuse, N.Y., of counsel), for plaintiff-appellant.

Douglas Letter, Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C. (Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., Richard K. Willard, Acting Asst. Atty. Gen., Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and KAUFMAN and PIERCE, Circuit Judges.

PER CURIAM:

Edward Mulroy appeals from a judgment of the United States District Court for the Northern District of New York, Howard G. Munson, C.J., granting appellee's motion for summary judgment. Appellant sought to enjoin the Secretary of Agriculture from collecting deductions on the proceeds of commercial milk sales pursuant to section 101 of the Omnibus Budget Reconciliation Act of 1982, Pub.L. No. 97-253, 96 Stat. 763 (codified at 7 U.S.C. § 1446(d) (amended...

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