Marigold Foods, Inc. v. Earl L. Butz, Secretary of Agriculture

HEANEY, Circuit Judge.

The sole issue on this appeal is whether the Grade A skim milk used by the appellant, Marigold, in the “Dairyland” marketing area 1 to produce “Party Dip,” was properly classified by the Market Administrator as Class I under Order No. 61, 7 C.F.R., Part 1061 (1969). The Judicial Officer of the Department of Agriculture, acting for the Secretary of Agriculture, 2 sustained the Administrator’s classification. The District Court, in an unpublished opinion, held that “a plain reading of the regulations supports the Administrator’s determination,” and granted the Secretary’s…