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LEHIGH VALLEY FARMERS v. BLOCK

Nos. 86-1592, 86-1593 and 86-1633.

829 F.2d 409 (1987)

LEHIGH VALLEY FARMERS, Atlantic Processing, Inc., Dairylea Cooperative, Inc., Mount Joy Farmers Cooperative, Monroe County Milk Producers Cooperative, Ruth, Alpheus; Gehman, Robert; Hetrick, Roy; Hartung, Richard; Hafer, Earl R., on Behalf of himself and the members of the Berks County Dairy Farmers Protective Association, and Hollenbach, Carl and Carolyn on Behalf of themselves and the members of Berks County Dairy Farmers Protective Association v. BLOCK, John R.; Pennmarva Dairymen's Cooperative Federation, Inc. & the Individual Members Thereof (Intervenors), Eastern Milk Producers Cooperative Assoc. Inc. & Group of Private Independently Owned Proprietary Handlers (Intervenors). Appeal of John R. BLOCK, Secretary of Agriculture. FARMERS' COOPERATIVE DAIRY INC.; Spiece, Guy E.; Cook, Donald L.; Drasher, A. Charles; Hilliard, Foster E., Jr.; Mylet, Andrew M.; Travelpiece, Luther R.; and Yoder, Samuel A., on Behalf of themselves and all members of Farmers' Cooperative Dairy, Inc.; Leatherman, John; Rhein, Dawn F.; Heisler Bros.; Leatherman, Bruce; Martin, Ronald; Hollenbach, Carl; Brown, Carl; Hefner, Ralph t/a Jersey Acres Farms; Kurtz, Harry; Wolf, Marvin; Moyer, Wilbert; Daubert, William R.; Petravich, Alvin; Moyer, Lester; Leiby, Bertram; Heisler, Carl; Heisler, Paul; Schnoke, Samuel; Huber, Robert; Moyer, Amos, Jr.; Kreager, Kenneth; Cuers Dairy, Inc.; and Valley Farms, Inc. v. BLOCK, John R.; Pennmarva Dairymen's Cooperative Federation, Inc. (Intervenor), Eastern Milk Producers Cooperative Assoc. Inc. & Group of Private Independently Owned Proprietary Handlers (Intervenors). Appeal of John R. BLOCK, Secretary of Agriculture. LEHIGH VALLEY FARMERS, Atlantic Processing, Inc., Dairylea Cooperative, Inc., Mount Joy Farmers Cooperative, Monroe County Milk Producers Cooperative, Ruth, Alpheus; Gehman, Robert; Hetrick, Roy; Hartung, Richard; Hafer, Earl R., on Behalf of himself and the members of the Berks County Dairy Farmers Protective Association, and Hollenbach, Carl and Carolyn, on Behalf of themselves and the members of Berks County Dairy Farmers Protective Association v. BLOCK, John R.; Pennmarva Dairymen's Cooperative Federation, Inc. & the Individual Members Thereof (Intervenors), Eastern Milk Producers Cooperative Assoc. Inc. & Group of Private Independently Owned Proprietary Handlers (Intervenors). Appeal of STOCKER BROTHERS DAIRY, Proposed Intervenor.

United States Court of Appeals, Third Circuit.

Decided September 21, 1987.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Joan K. Garner, Asst. U.S. Atty., Philadelphia, Pa., James Michael Kelly, Associate General Counsel, Raymond W. Fullerton, Asst. General Counsel, Aaron B. Kahn (argued), Office of General Counsel, U.S. Dept. of Agriculture, Washington, D.C., for appellant Secretary of Agriculture.

Roland Morris, Duane, Morris & Heckscher, Philadelphia, Pa., for intervenor Handlers.

Donald F. Copeland, Donald F. Copeland, P.C., Norristown, Pa., for intervenor Pennmarva Dairymen's Federation, Inc.

J. Jackson Eaton (argued), Gross, McGinley, LaBarre & Eaton, Allentown, Pa., appellees in 86-1592 and appellant Stocker Bros. Dairy.

Marvin Beshore (argued), Milspaw & Beshore, Harrisburg, Pa., for appellees in 86-1593.

Before SEITZ and MANSMANN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The Secretary of the Department of Agriculture appeals the order of the district court enjoining him from implementing amendments to the Middle Atlantic (Order 4) and New York-New Jersey (Order 2) Milk Marketing Orders that would expand the area regulated by the two orders. Stocker Brothers Dairy appeals the denial of its motion to intervene as a plaintiff. This court has jurisdiction pursuant to 28 U.S.C. §...

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