Legal Opinion · Dissent
American Dairy of Evansville, Inc. v. Robert Bergland, Secretary of Agriculture
Court of Appeals for the D.C. Circuit
Decided July 1, 1980No. 77-1926Published
1Dissent
SPOTTSWOOD W. ROBINSON, III, Circuit Judge,
dissenting:
The court today ignores a significant body of administrative law when it awards relief to appellants even temporarily, and equally so when it orders the Secretary of *1263Agriculture to switch from retroactive to advance announcement1 of minimum prices. for class II milk while he proceeds to ascertain whether this judicially-imposed methodology can legally be justified. From that disposition I must respectfully dissent.
I readily agree that the Secretary needs to definitively determine just what type of notice — advance or retroactive — of class…
2Cases cited108 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- McKart v. United StatesSupreme Court of the United States · 1969
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