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MILK TRAIN, INC. v. VENEMAN

No. 00-1121 (TPJ).

167 F.Supp.2d 20 (2001)

MILK TRAIN, INC., et al., Plaintiffs, v. Ann VENEMAN, Secretary, U.S. Department of Agriculture Defendant.

United States District Court, District of Columbia.

July 2, 2001.

Attorney(s) appearing for the Case

Donald Michael Barnes, Seyfarth Shaw, Washington, DC, Benjamin F. Yale, Waynesfield, OH, for plaintiffs.

Rupa Bhattacharyya, Federal Programs Branch, Civil Division, Washington, DC, for defendants.

MEMORANDUM AND ORDER

JACKSON, District Judge.

Thirty-one large dairy producers bring this action challenging regulations issued by the U.S. Department of Agriculture ("USDA") governing the disbursement of funds from the Dairy Market Loss Assistance Program. Plaintiffs contend that the Secretary exceeded the scope of her rulemaking authority by issuing regulations that limit the amount of market loss assistance a dairy producer could receive. Plaintiffs...

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