Legal Opinion
Gore, Inc., D/B/A Pure Milk Co. v. Michael Espy, as Secretary of U.S. Department of Agriculture
Court of Appeals for the Fifth Circuit
Decided September 11, 1996No. 94-50631PublishedCited by 8 opinions
1Opinion of the Court
POLITZ, Chief Judge:
Gore, Inc., doing business as Pure Milk Co., appeals an adverse summary judgment sustaining a ruling by the Secretary of Agriculture that Gore’s delivery of packaged milk products to a customer’s distribution center constituted a shipment to a milk plant under 7 C.F.R. § 1126.4. Concluding that the Secretary’s interpretation is arbitrary, capricious, and plainly inconsistent with the text of the regulation, we reverse.
Background
The Agriculture Marketing Agreement Act of 1937 1 governs the distribution, sale, and marketing of all milk products. 2 The AMAA is implemented…
2Cases cited16 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
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3Cited by8 opinions
- Belt v. EmCare, Inc.Court of Appeals for the Fifth Circuit · 2006
- Webb v. City of Dallas, Tex.Court of Appeals for the Fifth Circuit · 2002
- Gore Incorporated v. GlickmanCourt of Appeals for the Fifth Circuit · 1998
- Chen v. City of HoustonDistrict Court, S.D. Texas · 1998
- Webb v. City of Dallas TXCourt of Appeals for the Fifth Circuit · 2003
3 more not listed; retrieve them via the Exa API.