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MARIGOLD FOODS, INC. v. REDALEN

Civ. No. 4-92-1084.

809 F.Supp. 714 (1992)

MARIGOLD FOODS, INC., Schroeder Milk Company, Inc., George Benz & Sons d/b/a Oak Grove Dairy, Ellsworth Cooperative, Creamery, Inc., Plaintiffs, v. Elton REDALEN, as Commissioner of the Minnesota Department of Agriculture, Defendant.

United States District Court, D. Minnesota, Fourth Division.

December 23, 1992.

Attorney(s) appearing for the Case

Steven J. Rosenbaum, Andrew I. Schoenholtz, Covington and Burling, Washington, DC, Michael A. Stern, and Fredrikson & Byron, P.A., Minneapolis, MN, for plaintiffs.

Hubert H. Humphrey III, Minnesota Atty. Gen., Scott R. Strand, Asst. Minnesota Atty. Gen., Paul A. Strandberg, John K. Lampe, Sp. Asst. Minnesota Attys. Gen., St. Paul, MN, for defendant.

ORDER

DOTY, District Judge.

This matter is before the court on the plaintiffs' motion for a preliminary injunction. Based on a review of the file, record and proceedings herein, the court grants the plaintiffs' motion.

BACKGROUND

The parties do not dispute the facts underlying this case. Since 1937, the price of raw milk has been extensively regulated by the federal government pursuant to the Agricultural Marketing Agreement Act ("Act"...

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