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SANI-DAIRY, DIV. OF PENN TRAFFIC CO. v. YEUTTER

No. 95-3304.

91 F.3d 15 (1996)

SANI-DAIRY, a DIVISION OF PENN TRAFFIC CO., INC.; John P. Strittmatter, d/b/a Strittmatters Dairy; Delbert Thomas; Ed Thomas; Lowell Friedlin; Arthur Bloom; James L. Harteis v. Clayton YEUTTER, Secretary of Agriculture, United States Department of Agriculture; Commissioner of Agriculture and Markets, State of New York. MILK MARKETING, INC. v. Clayton YEUTTER, Secretary of Agriculture, United States Department of Agriculture, Clayton Yeutter, Secretary of Agriculture, United States Department of Agriculture; Dan Glickman, Secretary of Agriculture, United States Department of Agriculture and United States of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 31, 1996.

As Amended August 29, 1996.

Attorney(s) appearing for the Case

Marvin Beshore, Milspaw & Beshore, Harrisburg, PA, for Appellees Sani-Dairy, a division of Penn Traffic Co., Inc., John P. Strittmatter, dba Strittmatters Dairy, Delbert Thomas, Ed Thomas, Lowell Friedlin, Arthur Bloom, James L. Harteis.

Glen W. Wagner, Port Clinton, OH, for Appellee Milk Marketing, Inc.

Edward R. Cohen, United States Department of Justice, Washington, DC, for Appellants.

Before: NYGAARD, SAROKIN and ALDISERT, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) March 15, 1996.

OPINION OF THE COURT

PER CURIAM.

Several Pennsylvania dairy farmers and a dairy cooperative1 challenge the validity of the Secretary of Agriculture's regulations governing the marketing of fluid milk in the New York-New Jersey milk marketing area.2 Plaintiffs allege that the Secretary's regulations, promulgated under the Agricultural...

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