Opinions of the United
1996 Decisions States Court of Appeals
for the Third Circuit
7-31-1996
Sani-Dairy v. Sec Agri
Precedential or Non-Precedential:
Docket 95-3304,95-3304
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1996
Recommended Citation
"Sani-Dairy v. Sec Agri" (1996). 1996 Decisions. Paper 143.
http://digitalcommons.law.villanova.edu/thirdcircuit_1996/143
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 95-3304
SANI-DAIRY, a division of Penn Traffic Co., Inc.;
JOHN P. STRITTMATTER, d/b/a Strittmatters Dairy;
DELBERT THOMAS; ED THOMAS; LOWELL FRIEDLIN;
ARTHUR BLOOM; JAMES L. HARTEIS
v.
CLAYTON YEUTTER, Secretary of Agriculture, United
States Department of Agriculture; COMMISSIONER OF
AGRICULTURE AND MARKETS, STATE OF NEW YORK
(D.C. Civil No. 90-cv-00222)
MILK MARKETING, INC.
v.
CLAYTON YEUTTER, Secretary of Agriculture,
United States Department of Agriculture
(D.C. Civil No. 90-cv-00236)
CLAYTON YEUTTER, Secretary of Agriculture,
United States Department of Agriculture;
DAN GLICKMAN, Secretary of Agriculture,
United States Department of Agriculture
and UNITED STATES OF AMERICA,*
Appellants
(*Pursuant to Rule 12(a), F.R.A.P.)
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Submitted under Third Circuit LAR 34.1(a) on March 15, 1996
Before: NYGAARD, SAROKIN and ALDISERT, Circuit Judges.
(Opinion Filed: July 31, 1996)
Marvin Beshore
Milspaw & Beshore
130 Locust Street
P.O. Box 946
Harrisburg, PA 17108-0946
Attorney for Appellees
SANI-DAIRY, a division of
Penn Traffic Co., Inc.,
JOHN P. STRITTMATTER, dba
Strittmatters Dairy,
DELBERT THOMAS, ED THOMAS,
LOWELL FRIEDLIN, ARTHUR
BLOOM, JAMES L. HARTEIS
Glen W. Wagner
3858 North Cliff Road
Port Clinton, OH 43452
Attorney for Appellee
MILK MARKETING, INC.
Edward R. Cohen
United States Department
of Justice
10th & Constitution
Avenue, N.W.
Washington, DC 20530
Attorney for Appellants
OPINION OF THE COURT
PER CURIAM.
Several Pennsylvania dairy farmers and a dairy cooperative
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. Plaintiffs allege that the
Secretary's regulations, promulgated under the Agricultural
Marketing Agreement Act of 1937, 7 U.S.C. 601 et seq., violate
7 U.S.C. 608c(5)(G), which states:
No marketing agreement or order applicable to milk and its
products in any marketing area shall prohibit or in any manner
limit, in the case of the products of milk, the marketing in that
area of any milk or product thereof produced in any production
area in the United States.
The district court found that the Secretary's regulations
governing the marketing of fluid milk in the New York-New Jersey
milk marketing area, as applied to plaintiffs, constituted a
prohibited economic trade barrier to milk producers and sellers
outside the New York-New Jersey milk marketing area. See Lehigh
Valley Cooperative Farmers, Inc. v. United States, 370 U.S. 76,
91-98, 82 S.Ct. 1168, 1175-1180 (1962). The district court
awarded plaintiffs restitution and interest. We will now affirm,
and in so doing adopt the reasoning of the district court
expressed in Sani-Dairy v. Yeutter, F.Supp. , No.
CIV.A.90-222J, 1995 WL 848950 (W.D. Pa. Mar. 27, 1995) and Sani-
Dairy v. Espy, F.Supp. , NO. CIV.A. 90-222J, CIV.A. 90-
236J, 1993 WL 832147 (W.D. Pa. Dec. 30, 1993).