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ADAMS v. WATSON

No. 93-1068.

10 F.3d 915 (1993)

Kenneth ADAMS, Seth Bunker and Rodney Hudson, et al., Plaintiffs, Appellants, v. Gregory WATSON as Commissioner, Massachusetts Department of Food and Agriculture, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Michael L. Altman, with whom Margaret A. Robbins and Rubin & Rudman were on brief, for appellants.

Eric A. Smith, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, for Commissioner of the Massachusetts Dept. of Food and Agriculture.

Robert J. Sherer, with whom Francis A. DiLuna and Roche, Carens & DeGiacomo were on brief, for Massachusetts Farm Bureau Federation, Inc.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

Plaintiffs-appellants, New York and New Hampshire dairy farmers, instituted the present civil rights action against the Commissioner of the Massachusetts Department of Food and Agriculture (Commissioner) for declaratory and injunctive relief from an alleged unconstitutional enforcement of a Massachusetts milk pricing order. The district court dismissed their complaint for lack of standing. We now reverse.

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