Legal Opinion
Orville Freeman, U. S. Secretary of Agriculture v. Hygeia Dairy Company
Court of Appeals for the Fifth Circuit
Decided January 10, 1964No. 19811_1PublishedCited by 7 opinions
1Opinion of the Court
SIMPSON, District Judge.
This is an appeal by the appellant, the Secretary of Agriculture, from the District Court’s ruling that his amended Order No. 98, as promulgated on August 14, 1957, was not issued in accordance with law. Specifically, the lower court held on a petition filed by Hygeia Dairy Company, a milk handler, 1 that the Secretary failed to properly conduct the referendum for producers’ approval of this amended Order No. 98. Under Title 7 U.S.C. § 601 et seq., the Secretary is authorized to issue regional marketing orders, each order being specially adapted to the conditions of…
2Cases cited6 opinions
- United States v. Rock Royal Co-Operative, Inc.Supreme Court of the United States · 1939
- H. P. Hood & Sons, Inc. v. United StatesSupreme Court of the United States · 1939
- Ezra T. Benson, Secretary of Agriculture v. Arthur Schofield, New England Milk Producers' Association, a Massachusetts Corporation v. Arthur SchofieldCourt of Appeals for the D.C. Circuit · 1956
- Queensboro Farms Products v. WickardCourt of Appeals for the Second Circuit · 1943
- Wawa Dairy Farms, Inc. v. WickardCourt of Appeals for the Third Circuit · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sequoia Orange Co. v. Clayton YeutterCourt of Appeals for the Ninth Circuit · 1992
- Heber Valley Milk Company v. Earl Butz, United States Secretary of AgricultureCourt of Appeals for the Tenth Circuit · 1974
- Consolidated-Tomoka Land Company v. Earl L. Butz, as Secretary of the United States Department of Agriculture, Etc.Court of Appeals for the Fifth Circuit · 1974
- Resolute Forest Products, Inc. v. U.S. Department of AgricultureDistrict Court, District of Columbia · 2015
- Bramsen v. HardinDistrict Court, S.D. Florida · 1972
2 more not listed; retrieve them via the Exa API.