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SMYSER v. BLOCK

No. 84-5297.

760 F.2d 514 (1985)

SMYSER, Robert L., Smyser, Rodney R., Smyser's Richlawn Farms, Fetrow, Howard S., Fetrow, Ralph E., Blue-Knoll Farms, Beshore, E. Wayne, Beshore, Jed, Beshore Farms v. BLOCK, John R., Secretary of Agriculture and United States Department of Agriculture, Dairymen, Inc., Defendant-Intervenor. Inter-State Milk Producers' Co-Op, Maryland & Virginia Milk Producers Association, Middle Atlantic Division of Dairymen, Inc., Capitol Milk Producers, Inc., Lehigh Valley Farmers, Valley of Virginia Cooperative, Pennmarva Dairymen's Federation, Inc., Defendants-Intervenors. Appeal of Robert L. SMYSER, Rodney R. Smyser, Howard S. Fetrow, Ralph E. Fetrow, E. Wayne Beshore and Jed Beshore.

United States Court of Appeals, Third Circuit.

Decided April 30, 1985.

As Amended May 9, 1985.

Attorney(s) appearing for the Case

Marvin Beshore (Argued), Beshore & Bickley, Harrisburg, Pa., for appellants.

D. Paul Alagia, Jr., Richard A. Gladstone, John F. Sherlock, III, John J. McLaughlin, Barnett & Alagia, Washington, D.C., for appellee Dairymen, Inc.

Donald F. Copeland, Speese, Bongiovanni & Copeland, Philadelphia, Pa., for appellees Interstate Milk Producers Co-op, et al.

David Dart Queen, U.S. Atty., David C. Shipman, Asst. U.S. Atty., Harrisburg, Pa., James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Aaron B. Kahn (Argued), U.S. Dept. of Agriculture, Washington, D.C., for appellees John R. Block and the U.S. Dept. of Agriculture.

Before GARTH and HIGGINBOTHAM, Circuit Judges, and McGLYNN, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a summary judgment of the district court sustaining the validity of certain "emergency" amendments to Department of Agriculture orders regulating the marketing of milk in the Middle Atlantic area, 7 C.F.R. part 1004 (1984), pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 601 et seq. (1982) ("the Act"). Because we find that the Secretary...

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