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U.S. v. DAYLIGHT DAIRY PRODUCTS, INC.

No. 86-2141.

822 F.2d 1 (1987)

UNITED STATES of America, Plaintiff, Appellee, v. DAYLIGHT DAIRY PRODUCTS, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 1987.

Attorney(s) appearing for the Case

Maurice M. Cahillane with whom Egan, Flanagan and Egan, P.C. was on brief, for defendant, appellant.

Raymond W. Fullerton, Asst. Gen. Counsel, with whom Robert S. Mueller, U.S. Atty., Henry L. Rigali, Asst. U.S. Atty., James Michael Kelly, Associate Gen. Counsel, and Margaret M. Breinholt, Deputy Asst. Gen. Counsel, were on brief, for plaintiff, appellee.

Before BOWNES and BREYER, Circuit Judges, and CAFFREY, Senior District Judge.

BREYER, Circuit Judge.

The United States brought this action against appellant, Daylight Dairy Products, Inc., a milk handler, asking the district court to "enforce ... [a milk marketing] order" of the Secretary of Agriculture. See 7 U.S.C. § 608a(6) (granting federal district courts jurisdiction to enforce marketing orders) (reprinted in Appendix). The order in question, Milk Marketing Order No. 1, requires appellant to make certain "payments[s]" to two...

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