Legal Opinion
Smyser v. Block
Court of Appeals for the Third Circuit
Decided April 30, 1985No. 84-5297PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
This is an appeal from a summary judgment of the district court sustaining the validity of certain “emergency” amendments to Department of Agriculture orders regulating the marketing of milk in the Middle Atlantic area, 7 C.F.R. part 1004 (1984), pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 601 et seq. (1982) (“the Act”). Because we find that the Secretary of Agriculture (“the Secretary”) lacked statutory authorization to enact these amendments, we will reverse the judgment of the district…
2Cases cited12 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Zuber v. AllenSupreme Court of the United States · 1970
- Lorton Blair v. Orville Freeman, Secretary of Agriculture of the United StatesCourt of Appeals for the D.C. Circuit · 1966
- Lehigh Valley Cooperative Farmers, Inc. v. United StatesSupreme Court of the United States · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lehigh Valley Farmers v. BlockCourt of Appeals for the Third Circuit · 1987
- Defiance Milk Products Company, a Division of Diehl, Inc. v. Richard Lyng, Secretary of the United States Department of AgricultureCourt of Appeals for the Sixth Circuit · 1988
- Lehigh Valley Farmers v. BlockDistrict Court, E.D. Pennsylvania · 1986
- Northeast Dairy Cooperative Federation, Inc. v. Dellwood Foods, Inc. (In Re Northeast Dairy Cooperative Federation, Inc.)United States Bankruptcy Court, N.D. New York · 1987
- Kinnett Dairies, Inc. v. MadiganDistrict Court, M.D. Georgia · 1992
4 more not listed; retrieve them via the Exa API.