Legal Opinion

Lewes Dairy, Inc. v. Freeman

District Court, D. Delaware

Decided November 9, 1966No. Civ. A. No. 2353PublishedCited by 3 opinions

1Opinion of the Court

OPINION

LAYTON, District Judge.

Plaintiff Lewes Dairy et al. (“Lewes”) has brought this action to review the validity of a milk marketing order (Order No. 127, currently, renumbered No. 16) promulgated by the defendant, the Secretary of Agriculture, pursuant to 7 U.S.C. § 608c et seq.

The plaintiff has properly exhausted its administrative remedies as provided by 7 U.S.C. § 608c (15) (A).1 This court has jurisdiction to review the validity of such order. 7 U.S.C. § 608c(15) (B).2

Plaintiff and defendant have filed cross motions for summary judgment. Basically, plaintiff complains that the *922Secretar…

2Cases cited7 opinions

  1. United States v. ButlerSupreme Court of the United States · 1936
  2. Lehigh Valley Cooperative Farmers, Inc. v. United StatesSupreme Court of the United States · 1962
  3. United States v. MillsCourt of Appeals for the Fourth Circuit · 1963
  4. New York State Guernsey Breeders' Co-Op., Inc. v. WickardCourt of Appeals for the Second Circuit · 1944
  5. United States v. Lewes Dairy, Inc.Court of Appeals for the Third Circuit · 1964

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lewes Dairy, Inc. v. FreemanCourt of Appeals for the Third Circuit · 1968
  2. Cranston v. FreemanDistrict Court, N.D. New York · 1968
  3. Lewes Dairy, Inc. v. FreemanCourt of Appeals for the Third Circuit · 1968

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