Legal Opinion

Ideal Farms, Inc. And Franklin Lakes Dairy Producers, Inc. v. Ezra Taft Benson, Secretary of Agriculture of the United States of America

Court of Appeals for the Third Circuit

Decided March 23, 1961No. 13263_1PublishedCited by 27 opinions

1Opinion of the Court

FORMAN, Circuit Judge.

This appeal attacks the validity of § 927.65 of Federal Marketing Order No. 27 (Order 27),1 issued by the Secretary *609of Agriculture pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (Act), 7 U.S.C.A. § 601 et seq. Order 27 regulates the handling of milk in the New York-New Jersey metropolitan area.

During 1956 and 1957 hearings were held by the Department of Agriculture upon various proposals to amend Order 27. As a result of these hearings § 927.-65 was promulgated to be effective August 1, 1957. At that time it provided in pertinent part:

“Sec.…

2Cases cited23 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. United States v. ButlerSupreme Court of the United States · 1936
  3. Schwegmann Bros. v. Calvert Distillers Corp.Supreme Court of the United States · 1951
  4. Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
  5. Mazer v. SteinSupreme Court of the United States · 1954

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3Cited by27 opinions

  1. United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977
  2. United States v. Milton Edward BaileyCourt of Appeals for the Third Circuit · 1978
  3. Milk Control Commission v. BattistaSupreme Court of Pennsylvania · 1964
  4. Cities Service Co. v. Federal Energy AdministrationTemporary Emergency Court of Appeals · 1975
  5. Hanover Shoe, Inc. v. United Shoe MacHinery CorporationDistrict Court, M.D. Pennsylvania · 1965

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