Legal Opinion

Abbotts Dairies Division of Fairmont Foods, Inc. v. Butz

District Court, E.D. Pennsylvania

Decided October 4, 1976No. Civ. A. 71-549PublishedCited by 4 opinions

1Opinion of the Court

OPINION

DITTER, District Judge.

This case involving judicial review of a milk-pricing decision of the Secretary of Agriculture is before the court for the third time. Presently under consideration are the motion of various dairy cooperatives to intervene, the motion of the Secretary for reconsideration of my decision 1 granting summary judgment, and the question of an appropriate order regarding prospective relief. 2 After briefly outlining the factual and procedural history of this case, I will address these issues seriatim.

I. Factual Background

Prior to June, 1969, the prices paid by handlers…

2Cases cited14 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. National Ass'n for the Advancement of Colored People v. New YorkSupreme Court of the United States · 1973
  3. Smuck v. HobsonCourt of Appeals for the D.C. Circuit · 1969
  4. Carl C. Smuck, a Member of the Board of Education of the District of Columbia v. Julius W. Hobson, Carl F. Hansen, Superintendent of Schools of the District of Columbia v. Julius W. HobsonCourt of Appeals for the D.C. Circuit · 1969
  5. Bobek v. OhioSupreme Court of the United States · 1973

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3Cited by4 opinions

  1. Rhode Island Federation of Teachers, Afl-Cio v. John H. Norberg, Appeal of J. Fred LipkindCourt of Appeals for the First Circuit · 1980
  2. Abbotts Dairies Division of Fairmont Foods, Inc. v. ButzCourt of Appeals for the Third Circuit · 1978
  3. Abbotts Dairies Division of Fairmont Foods Co. v. BerglandDistrict Court, E.D. Pennsylvania · 1977
  4. Abbotts Dairies Division of Fairmont Foods, Inc. v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts.,pennmarva Dairymen'scooperative Federation, Inc., Intervenors, in No. 77-2245. Abbotts Dairies Division of Fairmont Food, Inc., in No. 77-2246 v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts. Abbotts Dairies Division of Fairmont Food, Inc. v. Earl M. Butz, Secretary of Agriculture, U.S. Department of Agriculture, Pennmarva Dairymen's Cooperative Federation Inc., Lehigh Valley Cooperativefarmers and Capitalmilk Producers Cooperative, Inc., Intervening Defts. Bobbergland, Secretaryof Agriculture, in No. 77-2247Court of Appeals for the Third Circuit · 1978

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