Legal Opinion

Abbotts Dairies Division of Fairmont Foods, Inc. v. Butz

Court of Appeals for the Third Circuit

Decided August 1, 1978No. Nos. 77-2245, 77-2246 and 77-2247PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Under the Agricultural Adjustment Act of May 12, 1933, 48 Stat. 31, as amended, 7 U.S.C. § 601 et seq., the minimum price at which milk processors and distributors (“handlers”) may purchase unprocessed milk from farmers (“producers”) is subject to regulation by the Secretary of Agriculture. As a result, milk prices are typically adjusted in accordance with changing economic indices in order to assure, inter alia, “an orderly flow of the supply . [of milk] to market throughout its normal marketing season to avoid unreasonable…

2Cases cited19 opinions

  1. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
  2. Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  3. Zuber v. AllenSupreme Court of the United States · 1970
  4. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  5. Atlantic Coast Line Railroad v. FloridaSupreme Court of the United States · 1935

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3Cited by4 opinions

  1. Lefrak v. Arabian American Oil Co.District Court, E.D. New York · 1980
  2. Abbotts Dairies Division of Fairmont Foods, Inc. v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts.,pennmarva Dairymen'scooperative Federation, Inc., Intervenors, in No. 77-2245. Abbotts Dairies Division of Fairmont Food, Inc., in No. 77-2246 v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts. Abbotts Dairies Division of Fairmont Food, Inc. v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts. Bobbergland, Secretaryof Agriculture, in No. 77-2247Court of Appeals for the Third Circuit · 1978
  3. Naini v. King County Hospital District No 2District Court, W.D. Washington · 2019
  4. State v. LeeSupreme Court of Vermont · 2005

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