Defiance Milk Products Company, a Division of Diehl, Inc. v. Richard Lyng, Secretary of the United States Department of Agriculture

MERRITT, Circuit Judge.

The issue in this case is the validity of a temporary amendment to a Department of Agriculture order regulating the marketing of milk in the Ohio Valley Area, 7 C.F.R. part 1033 (1987), pursuant to subsection 8c of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 608c (1982). The District Court granted the Secretary’s motion for summary judgment. We hold that the amendment, though questionable, was supported by substantial evi dence of a temporary glut of milk in the marketplace requiring action to alleviate the burden on certain milk handlers…