Minnesota Milk Producers Ass'n v. Glickman

• Decision Date: 20 November 1998
• Docket Number: 97-4224M,97-4226M,97-4220M,97-4331M,Nos. 97-4145M,97-4334M,97-4241M,97-4361MN and 97-4362MN,s. 97-4145M
• Citation: 153 F.3d 632
• Parties: MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota corporation, individually, on behalf of themselves and others similarly situated; Bill Dropik, individually, on behalf of himself and others similarly situated; Chester Kolstad, individually, on behalf of himself and others similarly situated; Greg Radermacher, individually, on behalf of himself and others similarly situated; Arnold Ness, individually, on behalf of himself and others similarly situated; Fredrick J. Bianchi, individually, on behalf of himself and others similarly situated; Marlon Restad, individually, on behalf of himself and others similarly situated; Delbert Mandelko, individually, on behalf of himself and others similarly situated; John Fischer, individually, on behalf of himself and others similarly situated; Lee Johnston, individually, on behalf of himself and others similarly situated; Leslie Kyllo, individually, on behalf of himself and others similarly situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees/Cross-Appellants, v. Dan GLICKMAN, Secretary, United States Department of Agriculture, Appellant/Cross-Appellee. MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota corporation, individually, on behalf of themselves and others similarly situated; Bill Dropik, individually, on behalf of himself and others similarly situated; Chester Kolstad, individually, on behalf of himself and others similarly situated; Greg Radermacher, individually, on behalf of himself and others similarly situated; Arnold Ness, individually, on behalf of himself and others similarly situated; Fredrick J. Bianchi, individually, on behalf of himself and others similarly situated; Marlon Restad, individually, on behalf of himself and others similarly situated; Delbert Mandelko, individually, on behalf of himself and others similarly situated; John Fischer, individually, on behalf of himself and others similarly situated; Lee Johnston, individually, on behalf
• Court: U.S. Court of Appeals — Eighth Circuit

Page 632

153 F.3d 632

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees/Cross-Appellants, v. Dan GLICKMAN, Secretary, United States Department of

Agriculture, Appellant/Cross-Appellee.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees, v. SOUTHEAST DAIRY FARMERS ASSOCIATION; and United Dairymen of

Arizona, Appellants.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees, v. NATIONAL FARMERS ORGANIZATION ("NFO"), Appellant.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees, v. ASSOCIATION OF DAIRY COOPERATIVES IN THE NORTHEAST

("ADCNE"), Appellant.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees, v. TEXAS ASSOCIATION OF DAIRYMEN; Dairy Producers of New

Mexico; Lone Star Milk Producers, L.C.; and

Premier Milk Producers, Inc., Appellants.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated; Delbert Mandelko, individually, on

behalf of himself and others similarly situated; John

Fischer, individually, on behalf of himself and others

similarly situated; Lee Johnston, individually, on behalf

of himself and others similarly situated; Leslie Kyllo,

individually, on behalf of himself and others similarly

situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees, v. NATIONAL FARMERS ORGANIZATION, INC. (NFO); and Association

of Dairy Cooperatives in the Northeast, Appellants.

MINNESOTA MILK PRODUCERS ASSOCIATION, a non-profit Minnesota

corporation, individually, on behalf of themselves and

others similarly situated; Bill Dropik, individually, on

behalf of himself and others similarly situated; Chester

Kolstad, individually, on behalf of himself and others

similarly situated; Greg Radermacher, individually, on

behalf of himself and others similarly situated; Arnold

Ness, individually, on behalf of himself and others

similarly situated; Fredrick J. Bianchi, individually, on

behalf of himself and others similarly situated; Marlon

Restad, individually, on behalf of himself and others

similarly situated;

Delbert Mandelko, individually, on behalf of himself and others similarly situated; John Fischer, individually, on behalf of himself and others similarly situated; Lee Johnston, individually, on behalf of himself and others similarly situated; Leslie Kyllo individually, on behalf of himself and others similarly situated; James Muzzy, individually, on behalf of himself and others similarly situated, Appellees v LOUISIANA DEPARTMENT OF AGRICULTURE AND FORESTRY; Alabama Department of Agriculture and Industries; Arkansas Livestock and Poultry Commission; Colorado Department of Agriculture; Georgia Department of Agriculture; Kentucky Department of Agriculture; Maine Department of Agriculture Food and Rural Resources; Massachusetts Department of Food and Agriculture; Mississippi Department of Agriculture and Commerce; New Hampshire Department of Agriculture, Markets and Food; New Mexico Department of Agriculture; North Carolina Department of Agriculture; South Carolina Department of Agriculture; State of Vermont; and Washington Department of Agriculture, Appellants.

Nos. 97-4145MN, 97-4241MN, 97-4220MN, 97-4224MN, 97-4226MN,

97-4331MN, 97-4334MN, 97-4361MN and 97-4362MN.

United States Court of Appeals,

Eighth Circuit.

Submitted Feb. 8, 1998.

Decided Aug. 13, 1998.

Rehearing and Suggestions for Rehearing En Banc Denied Nov.

20, 1998. ^*

Jeffrey A. Clair, Washington, DC, argued (Frank W. Hunger, David L. Lillehaug, Stephen W. Preston, and Barbara C. Biddle, on the brief), for Dan Glickman.

Marvin Beshore, Harrisburg, PA, argued, for National Farmers Organization and Ass'n of Dairy Cooperatives.

Benjamin F. Yale, Waynesville, OH, argued (Kristine H. Reed, on the brief), for Premier Milk Producers, Lone Star Milk Producers, Dairy Producers of New Mexico and Texas Ass'n of Dairymen.

David McFadden, New Orleans, LA, argued (C. James Gelpi and Dan Zimmerman, on the brief), for Louisiana Dept. of Agriculture, et al.

Lynn Ann Hayes, St. Paul, MN, argued (Karen R. Krub, on the brief), for Minnesota Milk Producers Ass'n.

Before RICHARD S. ARNOLD, ¹ Chief Judge, McMILLIAN and LOKEN, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

The Minnesota Milk Producers Association (MMPA) challenges the Secretary of Agriculture's system for pricing "Class I" milk under the Agricultural Marketing Agreement Act of 1937 (AMAA), 7 U.S.C. §§ 601 et seq. (1994). The District Court held that one aspect of the pricing system--the "diff...