Legal Opinion
SANI-DAIRY, a DIV. OF PENN TRAFFIC CO. v. Espy
District Court, W.D. Pennsylvania
Decided December 30, 1993No. Civil Action 90-222J, 90-236JPublishedCited by 4 opinions
1Opinion of the Court
FINDINGS OF FACT and CONCLUSIONS OF LAW
D. BROOKS SMITH, District Judge.
I. Introduction
Several Pennsylvania dairy farmers and a dairy cooperative 1 challenge the validity of the Secretary of Agriculture’s regulations governing the marketing of fluid milk in the New York-New Jersey milk marketing area. 2 Plaintiffs allege that the Secretary’s regulations, promulgated pursuant to the Agricultural Marketing Agreement Act of 1987, 7 U.S.C. § 601 et seq. (“the Act”), violate 7 U.S.C. § 608e(5)(G), which states:
No marketing agreement or order applicable to milk and its products in any marketing area…
2Cases cited6 opinions
- United States v. Rock Royal Co-Operative, Inc.Supreme Court of the United States · 1939
- Lehigh Valley Cooperative Farmers, Inc. v. United StatesSupreme Court of the United States · 1962
- Fairmont Foods Company v. Clifford M. Hardin, Secretary of AgricultureCourt of Appeals for the D.C. Circuit · 1971
- Kass v. Brannan, Secretary of AgricultureCourt of Appeals for the Second Circuit · 1952
- County Line Cheese Company v. Richard E. Lyng, Secretary of AgricultureCourt of Appeals for the Seventh Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing BoardCourt of Appeals for the Third Circuit · 2006
- Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing BoardCourt of Appeals for the Third Circuit · 2006
- Sani-Dairy, a Division of Penn Traffic Co. v. YeutterCourt of Appeals for the Third Circuit · 1996
- Lanco Dairy Farms Cooperative v. Secretary of AgricultureDistrict Court, D. Maryland · 2008