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ALABAMA DAIRY PRODUCTS ASS'N, INC. v. YEUTTER

No. 91-7455.

980 F.2d 1421 (1993)

ALABAMA DAIRY PRODUCTS ASSOCIATION, INC.; Baker & Sons Dairy, Inc., Barber Dairies, Inc.; Dairy Fresh Corporation and Kinnett Dairies, Inc., Plaintiffs-Appellees, v. Clayton YEUTTER, as Secretary, U.S. Department of Agriculture, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 13, 1993.

Attorney(s) appearing for the Case

Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., Edward Cohen, Barbara Herwig, Dept. of Justice, Civ. Appellate Div., Washington, D.C., for defendant-appellant.

Benjamin F. Yale, Gall, Yale & Hoy, Waynesfield, Ohio, for plaintiffs-appellees.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and MORGAN, Senior Circuit Judge.

TJOFLAT, Chief Judge:

I.

The Agricultural Marketing Agreement Act (AMAA), 7 U.S.C. §§ 601-624 (1988), empowers the Secretary of Agriculture (Secretary) to promulgate milk marketing orders (orders) regulating the price and handling of milk products. These orders divide the nation into geographical regions and set the prices for the various classes of milk products. The AMAA requires the Secretary to issue and amend such orders, 7 U.S.C. § 608c...

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