American Dairy of Evansville, Inc. v. Robert Bergland, Secretary of Agriculture
Court of Appeals for the D.C. Circuit
1Opinion of the Court
WILKEY, Circuit Judge:
This appeal involves a provision in certain milk marketing orders whereby retroactive notice is given of Class II prices that milk handlers must pay producers. Appellant handlers and two dairy associations filed suit in the district court seeking judicial review of the retroactive notice provision. The district court granted in part the motion of appellees Department of Agriculture and various officials to dismiss the suit on grounds of mootness and failure to exhaust *1254administrative remedies, and granted their motion for summary judgment as to those issues over which the…
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