United States v. Yadkin Valley Dairy Cooperative, Inc.

315 F.2d 867, 1963 U.S. App. LEXIS 5637

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 8, 1963
• Docket: 8847
• Status: Published

Opinion

PER CURIAM.

Yadkin Valley Dairy Cooperative, Inc., appeals from a summary judgment against it in favor of the United States, enforcing compliance with a federal milk marketing order. On the authority of 7 U.S.C.A. § 608e(15) the District Court properly refused the Dairy’s request to stay the enforcement of the order pending the outcome of administrative proceedings instituted under the Agricultural Marketing Agent Act, 7 U.S.C.A. § 601 et seq.

For the reasons stated in the opinion of the District Court, 209 F.Supp. 634, we affirm. See also the recent opinion of this court in United States v. Mills, et al., 4 Cir., 315 F.2d 828 (1963).

Affirmed.