BARNES v. SHALALA

No. 94-C-90-C.

865 F.Supp. 550 (1994)

John and Connie BARNES, Steve and Karen Sponem, John Scheidegger, Dennis Jelle, Steve Rosga, Charles Remy, Scott Rosga, Marlin Wild, Gary Gruenenfelder, Tim and Wendy Hendrickson, Bryon and Pamela Krahenbuhl, Steve and Stephanie Zimmerman, Joe and Linda Zangl, Clarence and Beth Thurk, John and Betty Schmidt, Gordon and Doris Belling, Arnold and Marilyn Oechsner, Laura Berger, Michael Cannell, Francis Goodman, Peter Hardin, John Kinsman, Bruce and Shelley Krug, Jim Mieves, Odessa Piper, John Stauber, Glenn Stoddard, on his own behalf and as next friend of Patrick Stoddard, Russell Stoer, Foundation on Economic Trends, Mifflin Street Community Cooperative, North Farm Cooperative, Plaintiffs, v. Donna SHALALA, in her official capacity as Secretary of Health and Human Services; Dr. David Kessler, in his official capacity as Commissioner of the Food and Drug Administration, Defendants.

W.D. Wisconsin.

Amended September 22, 1994.


Attorney(s) appearing for the Case

Michael R. Bauer, Garvey & Bauer Legal Service, Madison, WI, for plaintiffs.

Jacqueline H. Eagle, Office of Consumer Litigation, Washington, DC, for Donna Shalala.

Leslie Kux, Assoc. Chief Counsel for Veterinary Medicine, Office of the General Counsel, Rockville, MD, for David Kessler.


OPINION and ORDER

CRABB, Chief Judge.

This is a case about milk, a subject near and dear to the hearts of Wisconsinites. Plaintiffs are thirty Wisconsin dairy farmers; a veterinarian; a nutritional educator; a registered nurse; the editor of Milk Weed, a farm journal; a co-owner of Chula Vista Cheese Company; the owner of L'Etoile, a restaurant in Madison, Wisconsin; two consumers of dairy products; a milk bottler; the Mifflin Street Community Cooperative...

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