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SHAMROCK FARMS CO. v. VENEMAN

No. 97-15428.

146 F.3d 1177 (1998)

SHAMROCK FARMS COMPANY and Shamrock Foods Company, Plaintiffs-Appellants, v. Ann M. VENEMAN, Secretary, Department of Food & Agriculture, State of California, Richard Tate, Chief, Milk and Dairy Foods Control Branch, Division of Animal Industry, Department of Food & Agriculture, State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1998.

Attorney(s) appearing for the Case

John H. Vetne, Blodgett, Makechnie & Vetne, Newburyport, Massachusetts, for plaintiffs-appellants.

Mark J. Urban, Deputy Attorney General of the State of California, Sacramento, California, Leonard R. Stein and Eugene M. Pak, Steefel, Levitt & Weiss, San Francisco, California, for defendants-appellees.

Before: D.W. NELSON, BOOCHEVER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Shamrock Farms operates a dairy farm in Arizona and sells the raw milk it produces to Shamrock Foods, a milk processor also located in Arizona. Shamrock Foods distributes packaged fluid milk products to a number of western states, including California. Together, Shamrock Farms and Shamrock Foods (collectively "Shamrock") filed suit against the state of California in federal district court alleging that various California laws and regulations...

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