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FARMERS UNION MILK MARKETING CO-OP v. YEUTTER

No. 89-2298.

930 F.2d 466 (1991)

FARMERS UNION MILK MARKETING COOPERATIVE, Gerald Piche, Peter J. Kleiman & Edward O. Kleiman, Art J. Corey, Jr., Raymond J. Marsicek, Ralph Brock, Ed E. Hanchek, Robert S. Hanchek d/b/a Hanchek Bros., Raymond S. Huber, Benjamin C. Huber, George A. Huber, on behalf of themselves and all members of Farmers Union Milk Marketing Cooperative pooled under Federal Order 40, Plaintiffs-Appellants, v. Clayton YEUTTER, Secretary of Agriculture, United States Department of Agriculture, Defendant-Appellee, Producers Equalization Committee, Defendant-Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Mark W. Reinke (argued), Grief, Bus & Blacklidge, Chicago, Ill., for plaintiffs-appellants.

Edward R. Cohen (argued), Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., Edith A. Landman, Office of U.S. Atty., Grand Rapids, Mich., for defendant-appellee.

David VanderHaagen (argued), Foster, Swift, Collins & Coey, Lansing, Mich., for intervenor-appellee.

Marvin Beshore, Harrisburg, Pa., for amicus curiae Nat. Farmers Organization, Inc.

Before KRUPANSKY and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.

BOGGS, Circuit Judge.

This case concerns a fight between two different groups of dairy farmers over who will get certain benefits of federal milk price regulations. The Producers Equalization Committee ("PEC") persuaded the Department of Agriculture to enact regulations that help its members at the expense of the plaintiff, Farmers Union, and its members. Having lost before the Department of Agriculture, Farmers Union sued to overturn the Secretary's decision. The...

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