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DEFIANCE MILK PRODUCTS CO. v. LYNG

No. 87-3045.

857 F.2d 1065 (1988)

DEFIANCE MILK PRODUCTS COMPANY, A DIVISION OF DIEHL, INC., Plaintiff-Appellant, v. Richard LYNG, Secretary of the United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 27, 1988.

Attorney(s) appearing for the Case

Marvin Beshore (argued), Milspaw & Beshore, Harrisburg, Pa., for plaintiff-appellant.

Verne K. Armstrong, Asst. U.S. Atty., Toledo, Ohio, Aaron B. Kahn, Office of the Gen. Counsel, U.S. Dept. of Agriculture, Raymond Fullerton (argued), Washington, D.C., for defendant-appellee.

Before MERRITT, KENNEDY and KRUPANSKY, Circuit Judges.

MERRITT, Circuit Judge.

The issue in this case is the validity of a temporary amendment to a Department of Agriculture order regulating the marketing of milk in the Ohio Valley Area, 7 C.F.R. part 1033 (1987), pursuant to subsection 8c of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 608c (1982). The District Court granted the Secretary's motion for summary judgment. We hold that the amendment, though questionable, was supported by...

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