United States DC Circuit

Appeal from denial of motion for preliminary injunction, seeking to enjoin defendant from enforcing a new rule that changed the regulatory status of "producer-handlers" of milk, is remanded with instructions to dismiss the complaint for failure to exhaust administrative remedies under the Agricultural Marketing Agreement Act of 1937.

Appellate Information

• Decided 10/31/2006
• Published 10/31/2006

Judges

• Before:  SENTELLE, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Benjamin F. Yale argued the cause for appellant.   With him on the briefs were Kristine H. Reed and Ryan K. Miltner.


• For Appellees:
  
• Mark R. Freeman, Attorney, U.S. Department of Justice, argued the cause for federal appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Michael S. Raab, Attorney., Charles M. English, Jr. argued the cause for appellees United Dairymen of Arizona, et al.   With him on the brief were Wendy M. Yoviene and Sara R. Pikofsky., Marvin Beshore was on the brief for appellee Dairy Farmers of America, Inc.