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LAMERS DAIRY INC. v. U.S. DEPT. OF AGRICULTURE

No. 03-2308, 03-2661.

379 F.3d 466 (2004)

LAMERS DAIRY INCORPORATED, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 2004.

Attorney(s) appearing for the Case

Robert N. Duimstra (argued), Menn, Nelson, Sharratt, Teetaert & Beisenstein, Appleton, WI, for Plaintiff-Appellant in Nos. 03-2308-03-2661.

Jeffrey Clair (argued), Department of Justice, Civil Division, Washington, DC for Defendant-Appellee in No. 03-2308.

Michelle L. Jacobs, Office of the United States Attorney, Milwaukee, WI, for Defendant-Appellee in No. 03-2661.

Before RIPPLE, ROVNER and DIANE P. WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

Lamers Dairy ("Lamers") sought an exemption from Milk Marketing Order No. 30, promulgated under the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq. After the Secretary of the United States Department of Agriculture ("the USDA") denied the petition in a final administrative order, Lamers sought review in the district court. The USDA counterclaimed for enforcement of the Secretary's decision and for a judgment against...

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