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SANI-DAIRY v. YEUTTER

Civ. A. Nos. 90-222J, 90-236J.

782 F.Supp. 1060 (1991)

SANI-DAIRY, et al., Plaintiffs, v. Clayton YEUTTER, Secretary of Agriculture, et al., Defendants. MILK MARKETING, INC., Plaintiffs, v. Clayton YEUTTER, Secretary of Agriculture, Defendant.

United States District Court, W.D. Pennsylvania.

October 29, 1991.

Attorney(s) appearing for the Case

Marvin Beshore, Harrisburg, Pa., for plaintiffs.

Michael McCormick and Joan Kehoe, Albany, N.Y., for defendant Com'r of Agriculture & Markets.

John Valkovci, Asst. U.S. Atty., Pittsburgh, Pa., for defendant Secretary of Agriculture.

MEMORANDUM ORDER

D. BROOKS SMITH, District Judge.

I. Introduction

These consolidated lawsuits challenge the legality of New York state and federal regulations that govern the marketing of certain dairy products. The plaintiffs in Civil Action No. 90-222J, are suing the United States Secretary of Agriculture ("the Secretary") and the New York Commissioner of Agriculture ("the Commissioner") on the grounds that certain administrative regulations...

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