GRANT'S DAIRY — MAINE v. COMMR., MAINE DEPT., AGRI.

No. 00-1040.

232 F.3d 8 (2000)

Grant's Dairy — Maine, LLC, Plaintiff, Appellant, v. Commissioner of Maine Department of Agriculture, Food & Rural Resources, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 13, 2000.


Attorney(s) appearing for the Case

John H. Vetne, with whom Judith H. Mizner was on brief, for appellant.

Lucinda E. White, Assistant Attorney General, with whom Andrew Ketterer, Maine Attorney General, and William R. Stokes, Assistant Attorney General, were on brief, for appellees.

Before Selya, Circuit Judge, Coffin, Senior Circuit Judge, and Stahl, Circuit Judge.


SELYA, Circuit Judge.

Federally regulated milk dealers ("handlers") are required by federal law to pay a minimum price for all the raw milk that they purchase from dairy farmers ("producers").1 In addition, the State of Maine sets a minimum price that in-state handlers must pay to in-state producers with respect to milk produced, processed, and sold in Maine ("Maine milk"). Plaintiff-appellant Grant's Dairy Maine, LLC ("Grant"), a fully...

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