Consolidated-Tomoka Land Company v. Earl L. Butz, as Secretary of the United States Department of Agriculture, Etc.

WISDOM, Circuit Judge:

This appeal is from an order entered by Judge Gerald B. Tjoflat granting the plaintiffs’ motion for summary judgment, declaring a producers’ referendum conducted under the Agricultural Marketing Act of 1937, as amended, 7 U.S.C. § 608c, invalid, because it was not conducted in accordance with the provisions of that Act and the regulations issued by the Department of Agriculture implementing it. The district court enjoined the defendants from enforcing the marketing order submitted in the referendum to the producers. In a well-considered opinion accompanying his judgment,…