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COUNTY LINE CHEESE CO. v. LYNG

No. 86-2357.

823 F.2d 1127 (1987)

COUNTY LINE CHEESE COMPANY, et al., Plaintiffs-Appellants, v. Richard E. LYNG, Secretary of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 1987.

Attorney(s) appearing for the Case

John H. Vetne, Blodgett & Makenchnie, Peterborough, N.H., for plaintiffs-appellants.

Aaron B. Kahn, U.S. Dept. of Agriculture, Office of Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., Sydney Berde, Sydney Berde & Associates P.A., St. Paul, Minn., for defendants-appellees.

Before BAUER, Chief Judge, FLAUM, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This case concerns the validity of several administrative regulations governing the sale of milk. A farmer can get a higher price for milk that will be sold for consumption as milk (Class I milk) than for milk that will be used to make yogurt or cheese (Class II and III milk). Thus, some farmers get better prices than others. To end the adverse effects of "ruinous competition" for that premium, Congress decided to permit all farmers...

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