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MINNESOTA MILK PRODUCERS ASS'N v. MADIGAN

No. 91-1594.

956 F.2d 816 (1992)

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota corporation; Bill Dropik; Chester Kolstad; Greg Radermacher; Arnold Ness; Fredrick J. Bianchi; Marlon Restad; Delbert Mandelko; John Fischer; Lee Johnston; Leslie Kyllo; and James Muzzy, Appellants, v. Edward MADIGAN, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 11, 1992.

Attorney(s) appearing for the Case

James T. Massey, Sisters, Or., argued (Lynn A. Hayes, St. Paul, Minn., on brief), for appellants.

Herbert E. Forrest, Washington D.C., argued (Anthony J. Steinmeyer, Washington, D.C., on brief), for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART, Senior District Judge.

ARNOLD, Circuit Judge.

The Minnesota Milk Producers Association and its directors (the producers) appeal from the District Court's dismissal of their suit seeking to have certain provisions of milk-marketing orders issued by the Secretary of Agriculture enjoined and declared invalid under the Agricultural Marketing Agreement Act of 1937 (AMAA), 7 U.S.C. §§ 601 et seq. We reverse and remand.

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