Heber Valley Milk Company v. Earl Butz, United States Secretary of Agriculture

McWilliams, circuit judge.

Pursuant to 7 U.S.C. § 608c(15)(B), Heber Valley Milk Company filed in the United States District Court for The District of Utah a petition for review of a milk order of Earl Butz, the Secretary of Agriculture. Butz incorporated in his answer by reference a certified copy of the transcript of proceedings before the Department of Agriculture and then moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure on the ground that there was no genuine issue as to any material fact and that he was entitled to judgment as a matter of law. The motion…