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SMITH v. WISCONSIN DEPT. OF AGRICULTURE

No. 93-2423.

23 F.3d 1134 (1994)

Donald SMITH and Walter Lundeen, Jr. on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION; Howard C. Richards; Alan T. Tracy; Helene Nelson; William D. Mathias; William J. Hansen; Byron Dennison; Gary Bauer; Steven Steinhoff; C. Thomas Leitzke; Raymond Cress; Jon Dresser; Robert Thiele; Brian Moyer; and Doe's A through Z, being other employees of the Department presently unknown, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Matthew A. Biegert (argued), Thomas Bell, Doar, Drill & Skow, New Richmond, WI, for plaintiffs-appellants.

Paul L. Barnett (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for defendants-appellees.

Before CUMMINGS and CUDAHY, Circuit Judges, and ROSZKOWSKI, District Judge.

CUDAHY, Circuit Judge.

Though it is reported that California has recently surpassed Wisconsin as the nation's largest producer of milk and milk products, see Scott Pendleton, Dairy Industry Moves Southwest Seeking Warmer, Drier Climate, Christian Science Monitor, Jan. 21, 1994, at 10, Wisconsin dairy farming is nonetheless very big business.1 There are about 24,000 Grade A dairy farms in the state, and Wisconsin's dairy industry...

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