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HERSHEY FOODS v. U.S. DEPT. OF AGRICULTURE

No. Civ.A. 99-2138(EGS).

158 F.Supp.2d 37 (2001)

HERSHEY FOODS CORPORATION, Plaintiff, v. U.S. DEPARTMENT OF AGRICULTURE, Defendant.

United States District Court, District of Columbia.

May 18, 2001.

Attorney(s) appearing for the Case

James D. Miller, King & Spalding, Washington, D.C., Stephen F. Rosenthal, U.S. Department of Justice, Civil Division, Washington, D. C.

MEMORANDUM OPINION & ORDER

SULLIVAN, District Judge.

I. Introduction

Plaintiff Hershey Food Corporation filed this action in August 1999, seeking judicial review of a regulation promulgated by defendant U.S. Department of Agriculture (USDA) that placed milk used to make chocolate milk into two different classes and fixed a price differential between the two classes. 64 Fed.Reg. 16026 (Apr. 2, 1999) (adopted in relevant part as Final...

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