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PONDEROSA DAIRY v. LYONS

Nos. 99-16981, No. 99-16982

259 F.3d 1148 (2001)

Ponderosa Dairy, Plaintiff-Appellant, v. William J. Lyons, Jr., Secretary, Department of Food & Agriculture, State of California, (Jfm) and A.J. Yates, Deputy Secretary, Department of Food & Agriculture, State of California, Defendants-Appellees. Hillside Dairy Inc., a&a Dairy, Inc., a Nevada S Corporation, Milky Way Farm, Inc., a Nevada S Corporation, and, L&S Dairy, Inc., a Nevada S Corporation, Plaintiffs-Appellants, v. William J. Lyons, Jr., Secretary, (Jfm) Department of Food & Agriculture, State of California, and A.J. Yates, Deputy Secretary, Department of Food & Agriculture, State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2001

Attorney(s) appearing for the Case

Charles H. English, Jr., Thelen, Reid & Priest, LLP, Washington, D.C.; John H. Vetne, Newburyport, Massachusetts, for the plaintiffs-appellants.

Andrea Hackett Henningsen, Steefel, Levitt & Weiss, San Francisco, California, William Lockyer, Attorney General, and Bruce Reeves, Deputy Attorney General, Sacramento, California, for the defendants-appellees.

Warren W. Goedert, Nevada State Dairy Commission, Reno Nevada; Robert F. Bony, Nevada Attorney General's Office, Reno, Nevada, for the amicus cuiae.

Before: Joseph T. Sneed and Barry G. Silverman, Circuit Judges, and John W. Sedwick, District Judge.

Argued and Submitted May 15, 2001, — San Francisco, California

SEDWICK, District Judge:

Appellants (collectively "Ponderosa and Hillside") are dairies located outside California that sell their raw milk to processors located in California. Ponderosa and Hillside brought suit against William J. Lyons1 and A.J. Yates (collectively "California"), Secretary and Undersecretary of the...

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