United States v. Lamars Dairy, Inc.

SPRECHER, Circuit Judge.

This appeal from the denial of plaintiff's motion for summary judgment is before the court as an appeal from an interlocutory order under 28 U.S.C. § 1292(b).

Pursuant to the Agricultural Adjustment Act, 7 U.S.C. § 601 et seq., the Secretary of Agriculture promulgated Federal Milk Order No. 30, 7 C.F.R. Part 1030. From the effective date of the order in 1968 until sometime in 1971, defendants made payments into the producer settlement fund. The federal milk market administrator thereafter determined that defendants were “handlers” 1 **and were in violation of the order…