Donald Uelmen and Pure Milk Products Cooperative v. Orville Freeman, Secretary of Agriculture of the United States

388 F.2d 308

Opinions

CASTLE, Circuit Judge.

The plaintiffs-appellants brought this action in the District Court seeking to enjoin the Secretary of Agriculture from continuing in effect a determination of equivalent prices relating to the pricing of milk under the Milwaukee Milk Marketing Order (7 C.F.R. 1039). The District Court in a well-reasoned opinion-, reported at 267 F.Supp. 842, held (1) plaintiffs lacked standing to maintain the suit, and (2) the action of the Secretary was valid and authorized under the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 601 et seq., and entered an order dismissing the complaint. We agree with the reasoning of the opinion below, and we adopt the opinion as our own.

Accordingly, the order appealed from is affirmed.

Affirmed.