United States DC Circuit

In an action challenging the constitutionality of certain contribution requirements for milk handlers, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the Agricultural Marketing Agreement Act's exhaustion requirement does not apply to challenges to the act itself.

Appellate Information

• Argued 11/07/2008
• Decided 04/03/2009
• Published 04/03/2009

Judges

• Before:  ROGERS, TATEL, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Alfred W. Ricciardi argued the cause for appellants.   With him on the briefs was John F. Cooney.


• For Appellees:
  
• Nicholas Bagley, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Gregory G. Katsas, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Michael S. Raab, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Charles M. English Jr. was on the brief for amici curiae Dairy Institute of California, et al. in support of appellee.