MILK INDUSTRY FOUNDATION v. GLICKMAN

No. 97-5163.

132 F.3d 1467 (1998)

MILK INDUSTRY FOUNDATION, Appellant, v. Daniel R. GLICKMAN, Secretary, United States Department of Agriculture and Northeast Dairy Compact Commission, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1998.


Attorney(s) appearing for the Case

Steven J. Rosenbaum argued the cause for appellant, with whom Jonathon C. Drimmer and Jason A. Levine, Washington, DC, were on the briefs.

Douglas N. Letter, Appellate Litigation Counsel, U.S. Department of Justice, Washington, DC, argued the cause for appellee Daniel R. Glickman, Secretary, United States Department of Agriculture, with whom Frank W. Hunger, Assistant Attorney General, Washington, DC, Mary Lou Leary, U.S. Attorney, and Stephen W. Preston, Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC, were on the brief.

Clifford M. Sloan, Washington, DC, argued the cause for appellee Northeast Dairy Compact Commission, with whom Michael A. Rotker, Washington, DC, was on the brief.

Paul A. Strandberg, Assistant Attorney General, State of Minnesota, St. Paul, MN, was on the brief for amici curiae States of Minnesota, Wisconsin, and South Dakota.

Emily J. Gould, Assistant Attorney General, State of Vermont, was on the brief for amici curiae State of Connecticut, et al.

Eric Rome was on the brief for amici curiae Public Voice for Food and Health Policy, et al.

Roy J. Rodney, Jr., New Orleans, LA, and Endya E. Delpit were on the brief for amici curiae Commissioners of the Louisiana, Arkansas, Georgia, South Carolina and West Virginia Departments of Agriculture.

Before: EDWARDS, Chief Judge, HENDERSON, and ROGERS, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

Concurring opinion filed by Circuit Judge ROGERS with whom Circuit Judge HENDERSON concurs.

EDWARDS, Chief Judge:

In 1993, the six New England states — Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont ("Compact states")—agreed to form the Northeast Interstate Dairy Compact ("Compact") to enable them to raise the minimum milk prices that dairy processors must...

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