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ST. ALBANS CO-OP. CREAMERY, INC. v. GLICKMAN

No. 99 CV 274.

68 F.Supp.2d 380 (1999)

ST. ALBANS COOPERATIVE CREAMERY, INC., et al., Plaintiffs v. Dan GLICKMAN, Secretary of Agriculture, Defendant.

United States District Court, D. Vermont.

September 28, 1999.

Attorney(s) appearing for the Case

Karen McAndrew, Dinse, Knapp & McAndrew, P.C., Burlington, VT, Marvin Beshore, Milspaw & Beshore, Harrisburg, PA, for St. Albans Cooperative Creamery, Inc., Agri-Mark, Inc., Ralph McNall, Thomas Magnant, David Montagne, James Fay, George Kempton, Paul Percy, Dairyland Cooperative, Inc., Upstate Farms Cooperative, Inc., plaintiffs.

Paul J. Van de Graaf, Office of the United States Attorney, District of Vermont, Burlington, VT, Daniel Bensing, U.S. Department of Justice, Federal Programs Branch of Civil Division, Washington, DC, for Dan Glickman, Secretary United States Department of Agriculture, defendants.

Carolyn F. Corwin, Covington & Burling, Washington, DC, Geoffrey W. Crawford, O'Neill, Crawford & Green, Burlington, VT, for International Dairy Foods Ass'n (IDFA).

Scot L. Kline, Miller, Eggleston & Cramer, Ltd., Burlington, VT, Harry R. Silver, Wendy M. Yoviene, Ober, Kaler, Grimes & Shriver, Washington, DC, John Vetne, Newburyport, MA, for State of Minnesota, State of Wisconsin.

OPINION & ORDER

SESSIONS, District Judge.

Plaintiffs are dairy farmers and associations of dairy producers who seek to enjoin implementation and enforcement of the Secretary of Agriculture's Final Rule and Order amending federal milk market orders published September 1, 1999 at 64 Fed.Reg. 47898-48021. Plaintiffs argue that the Final Order violates: (1) the Federal Agriculture Improvement and Reform Act of 1996, 7 U.S.C. § 7253 (the "FAIR Act")...

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