Lewes Dairy, Inc. v. Freeman
District Court, D. Delaware
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
- United States v. ButlerSupreme Court of the United States · 1936
- Lehigh Valley Cooperative Farmers, Inc. v. United StatesSupreme Court of the United States · 1962
- United States v. MillsCourt of Appeals for the Fourth Circuit · 1963
- New York State Guernsey Breeders' Co-Op., Inc. v. WickardCourt of Appeals for the Second Circuit · 1944
- United States v. Lewes Dairy, Inc.Court of Appeals for the Third Circuit · 1964
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3Cited by3 opinions
- Lewes Dairy, Inc. v. FreemanCourt of Appeals for the Third Circuit · 1968
- Cranston v. FreemanDistrict Court, N.D. New York · 1968
- Lewes Dairy, Inc. v. FreemanCourt of Appeals for the Third Circuit · 1968