zuber
allen
argued
october
decided
december
together
hardin
secretary
agriculture
allen
et
also
certiorari
respondent
vermont
dairy
farmers
country
milk
producers
brought
action
invalidate
farm
location
differential
provided
order
secretary
agriculture
contrary
agricultural
marketing
agreement
act
effect
order
require
milk
distributors
pay
milk
producers
situated
close
milk
marketing
areas
nearby
farmers
higher
prices
paid
producers
located
greater
distances
areas
prior
federal
regulation
nearby
farmers
received
higher
prices
milk
boston
area
farmers
distant
points
amendment
agricultural
adjustment
act
carried
forward
agricultural
marketing
agreement
act
provides
part
payment
producers
delivering
milk
handlers
uniform
prices
milk
subject
adjustments
volume
market
production
differential
customarily
applied
handlers
subject
order
grade
quality
milk
delivered
locations
delivery
milk
made
department
agriculture
regulations
provide
price
differential
nearby
farmers
lesser
differential
intermediate
nearby
zones
district
granted
injunction
payments
differentials
appeals
affirmed
held
statutory
scheme
provide
uniform
prices
producers
marketing
area
subject
specifically
enumerated
adjustments
contemplated
market
differentials
customarily
applied
based
cost
adjustments
pp
particularity
specificity
enumerated
differentials
negate
conclusion
congress
thinking
terms
historical
considerations
statutory
differentials
volume
grade
quality
location
production
compensate
producer
providing
economic
service
benefiting
milk
handler
pp
statute
whose
purpose
avoid
infirmity
overbroad
delegation
agricultural
adjustment
act
simple
include
nearby
payments
list
enumerated
differentials
least
allude
draftsmen
report
nearby
differentials
fall
category
permissible
adjustments
limited
compensation
rendering
economic
service
neither
secretary
agriculture
nearby
farmer
petitioners
advanced
economic
justifications
substantial
record
support
pp
holding
depart
precedents
rock
royal
distinguished
extent
green
valley
creamery
contravenes
holding
disapproved
pp
according
great
weight
department
contemporaneous
construction
enabling
legislation
abdicate
ultimate
responsibility
construe
statutory
language
pp
although
secretary
orders
specifically
approved
farmers
concerned
accordance
act
approval
legitimize
regulation
authorized
statute
pp
reversal
trial
merits
warranted
since
department
agriculture
acted
formal
record
remand
secretary
inappropriate
absence
request
government
advanced
new
theory
sustaining
regulation
pp
appeals
award
nearby
farmer
petitioners
escrowed
differential
payments
collected
district
entered
final
judgment
disturbed
lawrence
hollman
argued
cause
petitioners
briefs
carlyle
ring
daniel
friedman
argued
cause
petitioner
briefs
solicitor
general
griswold
assistant
attorney
general
ruckelshaus
peter
strauss
alan
rosenthal
walter
fleischer
charles
patrick
ryan
argued
cause
respondents
cases
brief
edward
ryan
edwin
amidon
assistant
attorney
general
argued
cause
state
vermont
amicus
curiae
urging
affirmance
cases
brief
james
jeffords
attorney
general
robert
quinn
attorney
general
massachusetts
pro
se
walter
mayo
iii
assistant
attorney
general
herbert
desimone
attorney
general
rhode
island
pro
se
charles
edwards
assistant
attorney
general
robert
killian
attorney
general
connecticut
pro
se
michael
scanlon
assistant
attorney
general
filed
brief
attorneys
general
massachusetts
rhode
island
connecticut
amici
curiae
urging
reversal
cases
wayne
smyth
filed
brief
lorton
blair
et
al
amici
curiae
urging
affirmance
cases
justice
harlan
delivered
opinion
action
brought
respondent
vermont
dairy
farmers
country
milk
producers
seeking
judgment
invalidating
contrary
agricultural
marketing
agreement
act
amended
stat
et
seq
ed
supp
iv
farm
location
differential
provided
order
secretary
agriculture
effect
order
require
milk
distributors
pay
milk
producers
situated
certain
distances
milk
marketing
areas
nearby
farmers
higher
prices
paid
producers
located
greater
distances
areas
district
issued
preliminary
injunction
january
payments
respondents
motion
summary
judgment
transformed
decree
permanent
injunction
june
appeals
district
columbia
circuit
affirmed
app
granted
certiorari
resolve
important
issue
statutory
construction
involved
aspect
administration
federal
milk
regulation
program
must
traverse
labyrinth
federal
milk
marketing
regulation
provisions
previous
decisions
outlined
operation
statute
pertinent
regulations
brief
odyssey
economic
regulatory
background
essential
perspective
focusing
issue
economics
milk
industry
milk
essentially
two
end
uses
fluid
staple
daily
consumer
diet
ingredient
manufactured
dairy
products
butter
cheese
milk
used
consumer
market
traditionally
commanded
premium
price
even
though
higher
quality
milk
used
manufacture
cost
differences
account
part
discrepancy
price
explain
entire
gap
time
milk
industry
characterized
periods
seasonal
overproduction
winter
months
low
yield
conversely
summer
months
fertile
order
meet
fluid
demand
relatively
constant
sufficiently
large
herds
must
maintained
supply
winter
needs
result
oversupply
fruitful
months
historical
tendency
prior
regulation
milk
distributors
handlers
take
advantage
surplus
obtain
bargains
glut
periods
milk
obtained
distant
sources
handlers
afford
absorb
transportation
costs
still
pay
outlying
farmers
whose
traditional
outlet
manufacturing
market
maintain
income
farmers
increase
production
disequilibrium
snowballs
protect
market
vicissitudes
farmers
early
formed
cooperatives
cooperatives
effective
eliminating
overproduction
pooling
milk
supply
refusing
deal
handlers
except
collective
basis
era
relative
market
stability
nearby
farmers
enjoyed
premium
prices
product
favorable
prices
apparently
attributable
reduced
transportation
costs
also
nearby
farmer
historic
position
fluid
supplier
first
federal
program
issue
licenses
permitting
processors
associations
producers
others
engage
handling
current
interstate
foreign
commerce
agricultural
commodity
product
thereof
competing
commodity
product
thereof
licenses
shall
subject
terms
conditions
conflict
existing
acts
congress
regulations
pursuant
thereto
may
necessary
eliminate
unfair
practices
charges
prevent
tend
prevent
effectuation
declared
policy
restoration
normal
economic
conditions
marketing
commodities
products
financing
thereof
secretary
agriculture
may
suspend
revoke
license
due
notice
opportunity
hearing
violations
terms
conditions
thereof
present
regulatory
scheme
making
payments
producers
handler
shall
add
applicable
farm
location
differential
specified
section
respect
milk
received
producer
whose
farm
located
within
places
specified
paragraph
differential
shall
cents
per
hundredweight
unless
addition
cents
gives
result
greater
class
price
determined
effective
plant
milk
received
event
shall
added
rate
produce
price
foregoing
provisions
appear
island
order
consolidated
one
region
four
previously
regulated
separately
four
new
england
orders
boston
order
carried
forward
order
adopted
boston
area
springfield
order
promulgated
southeastern
new
england
order
order
included
provision
nearby
differential
payment
farmers
within
stated
radius
designated
market
center
example
differential
boston
order
payable
farmers
located
within
radius
state
house
boston
slightly
lower
differential
paid
farmers
within
radius
order
central
point
computation
radius
payment
differential
secretary
retained
differential
provisions
appeared
previous
four
orders
farmers
entitled
differential
one
previous
four
marketing
regulations
continue
receive
payments
present
order
nearby
farmers
eligible
differential
shipments
within
new
england
marketing
area
even
though
milk
may
actually
used
outside
radius
particular
nearby
zone
ii
foundation
statutory
scheme
provide
uniform
prices
producers
marketing
area
subject
specifically
enumerated
adjustments
question
stated
simply
whether
payment
farm
location
differentials
set
forth
permissible
adjustment
general
requirement
uniformity
price
secretary
past
labeled
nearby
differential
location
differential
defended
inclusion
orders
ground
justification
argument
however
pitched
different
key
government
apparently
abandoned
one
numerous
theories
advanced
pressed
vigorously
blair
freeman
litigation
app
stresses
provision
volume
market
production
differentials
customarily
applied
handlers
subject
order
proper
resolution
issue
means
persuaded
market
differentials
customarily
applied
contemplates
cost
adjustments
plain
thrust
federal
statute
remove
ruinous
competition
among
producers
permit
farmers
share
benefits
fluid
milk
profits
according
value
goods
produced
services
rendered
government
proposed
reading
act
bottomed
historical
payment
premium
nearby
farmers
monopolistic
era
cooperative
pools
come
perpetuate
economic
distortion
freeze
milk
industry
competitive
structure
prevailed
without
benefit
government
muscle
eliminate
crippling
price
warfare
summer
months
neither
nearby
country
producers
share
profits
accrue
fluid
milk
sales
absent
regulation
handlers
anyone
stand
benefit
fluid
monopoly
project
case
today
free
market
prevailed
might
well
anticipate
nearby
producers
winter
advantages
negligible
view
reduced
transportation
costs
reliable
refrigeration
thus
even
winter
handlers
might
free
play
nearby
outlying
farmers
since
handlers
free
leverage
exercised
nearby
cooperatives
nearby
producers
seek
best
worlds
achieved
security
comes
regulation
seek
regulatory
umbrella
appropriate
monopoly
profits
never
secure
unregulated
market
reluctant
attribute
intent
congress
simply
name
administrative
expertise
follow
path
marked
language
statute
indeed
signposts
may
discerned
legislative
history
point
different
direction
legislative
history
strongly
suggests
market
differentials
well
differentials
contemplated
particular
understood
economic
adjustments
house
report
discussing
allowable
adjustments
characterizes
market
differential
payment
transportation
costs
location
differential
delivery
primary
market
thus
farmers
share
handlers
savings
bypassing
processing
handling
milk
city
plant
significance
legislative
history
emerges
upon
study
subsequent
administrative
practice
original
boston
order
obscures
market
differential
payment
providing
place
labeled
adjustment
structure
allowed
additional
per
cwt
milk
costs
transporting
milk
country
plant
however
testimony
aplin
market
administrator
erases
doubt
responsible
administering
act
fully
understood
meaning
committee
explanation
market
differential
subsequent
orders
combined
country
station
handling
adjustment
properly
market
differential
differential
zone
differential
statute
us
contain
mandate
phrased
broad
permissive
terms
congress
spoken
particularity
provided
specifically
enumerated
differentials
negatives
conclusion
thinking
terms
historical
considerations
prefatory
discussion
house
report
emphasizes
congressional
purpose
confine
boundaries
secretary
delegated
authority
circumstances
administrator
broad
dispensing
power
see
addison
holly
hill
congressional
purpose
illumined
character
statutory
differentials
volume
grade
quality
location
production
compensate
reward
producer
providing
economic
service
benefit
handler
general
language
committee
report
indicating
congress
intended
carry
forward
basic
regulatory
approach
adopted
act
following
precedent
stressed
dissent
opinion
committee
language
argued
reinforces
continuity
connotations
customarily
applied
language
thrust
blunted
specific
language
indicating
legislative
purpose
treat
farmers
equally
legislative
silence
poor
beacon
follow
discerning
proper
statutory
route
light
illumines
two
different
roads
nearby
payments
notoriety
significance
milk
distribution
industry
attributed
dissent
congress
given
blessing
carving
another
specific
exception
uniform
price
requirement
act
whose
purpose
avoid
infirmity
overbroad
delegation
set
forth
particularity
details
comprehensive
regulatory
scheme
simple
matter
include
list
enumerated
differentials
nearby
payments
least
allude
report
draftsmen
clear
congress
conferring
untrammeled
discretion
secretary
authorizing
proceed
vacuum
evil
condemned
courts
amendments
sought
eradicate
perverse
assume
congressional
drafters
eliminating
ambiguity
old
act
careless
listing
exceptions
selecting
illustrations
committee
report
words
ultimately
derive
content
consider
conclusions
way
undermined
colloquy
floor
senator
copeland
senator
murphy
upon
dissent
places
emphasis
committee
report
represents
considered
collective
understanding
congressmen
involved
drafting
studying
proposed
legislation
floor
debates
reflect
best
understanding
individual
congressmen
take
extensive
thoughtful
debate
detract
plain
thrust
committee
report
instance
indication
however
question
nearby
differentials
meaning
market
differentials
customarily
applied
precisely
considered
floor
dialogue
exchange
brief
also
inconclusive
meaning
indeed
senator
murphy
apparently
acquiesced
senator
copeland
implied
criticism
statute
providing
uniform
prices
distant
nearby
producers
within
marketing
region
senator
copeland
pursued
inquiry
asking
whether
act
recognized
higher
cost
taxes
nearby
lands
senator
murphy
merely
recited
differential
provisions
act
suggested
adopt
present
practice
business
conspicuously
lacking
affirmative
statement
specific
differential
covered
costs
impressive
legislative
history
especially
light
senator
murphy
earlier
agreement
senator
copeland
statement
provisions
equalization
provide
producer
producing
milk
farms
near
cities
receive
price
product
farmer
produces
milk
say
miles
away
community
specific
business
illustrations
house
report
iii
market
differentials
customarily
applied
need
restricted
sole
illustration
house
report
illustration
taken
conjunction
discussion
statutory
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suggests
permissible
adjustments
limited
compensation
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challenged
nearby
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fall
category
secretary
advanced
economic
justification
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payments
plain
administrative
record
nearby
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original
boston
order
recognition
favored
position
nearby
producers
fluid
market
inducement
nearby
farmers
approve
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order
sense
handler
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gain
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nearby
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findings
accompanying
order
emphasized
findings
testimony
hearings
suggests
support
record
indeed
scant
entry
nearbys
distribution
market
bring
unwanted
competition
irrelevant
jeopardize
market
stability
think
analysis
correct
economic
benefit
producers
receive
compensation
directly
handlers
marketwide
pool
app
petitioner
nearby
farmers
concede
readily
absence
economic
foundation
differential
justifications
advanced
find
substantial
support
record
allusion
evenness
production
nearby
farms
justify
exclusive
payment
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nearby
farmers
secretary
intended
production
differential
producers
qualify
eligible
amici
petitioners
point
higher
taxes
nearby
lands
opportunity
costs
reason
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admittedly
additional
costs
nearby
production
concern
handlers
seek
obtain
reliably
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cheapest
price
see
kessel
economic
effects
federal
regulation
milk
markets
law
econ
slow
attribute
congress
intent
compensate
inefficient
allocation
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resources
cf
west
ohio
gas
petitioners
argue
differential
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inducement
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nearby
farmers
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secretary
acted
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unspoken
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made
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consider
whether
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view
legislative
history
indicating
statute
contemplates
adjustments
primarily
economic
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handlers
absorbed
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producers
representations
respondents
correct
without
support
record
appears
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zone
nearby
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payments
even
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payments
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holding
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departure
precedents
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explicitly
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rock
royal
misplaced
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nearby
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farmers
certain
counties
named
new
york
order
must
taken
context
action
initiated
government
handlers
refused
obey
regulations
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repudiate
district
finding
provision
discriminatory
producers
narrow
reach
rock
royal
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royal
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standing
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affected
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rock
royal
went
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rock
royal
contention
payments
placed
handlers
without
customers
nearby
counties
competitive
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attention
also
drawn
first
circuit
decision
green
valley
creamery
rock
royal
supra
parties
standing
raise
invalidity
nearby
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extent
first
circuit
view
contrary
present
holding
disapprove
announced
accord
great
weight
departmental
construction
enabling
legislation
especially
contemporaneous
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see
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tallman
power
reactor
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administrators
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market
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encompass
farm
location
differential
obviously
failed
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understanding
drafters
committee
report
also
evident
amendments
routine
follow
comprehensive
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explored
detail
draftsmen
wrote
committee
reports
true
report
federal
trade
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set
forth
computations
employed
boston
order
apparently
provided
nearby
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forth
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explication
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persuasive
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tallman
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impressed
fact
secretary
interpretation
matter
public
record
discussion
even
despite
active
congressional
involvement
reviewing
certain
administrative
action
connection
particular
leases
noted
attribute
ratification
congress
udall
tallman
supra
petitioners
put
flesh
argument
citing
stat
committee
report
merely
language
act
purports
ratify
legalize
confirm
action
taken
pursuant
agreement
order
provisions
statute
vi
petitioners
allude
fact
orders
question
specifically
approved
farmers
concerned
required
ii
act
contention
adumbrated
argument
appears
run
follows
since
provision
made
approval
orders
regulated
subjects
secretary
discretion
generously
interpreted
provision
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significance
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us
light
considerations
already
discussed
secretary
farmers
responsible
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statute
initiating
orders
vii
although
secretary
press
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private
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argue
least
reverse
trial
merits
alternatively
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instructions
remand
secretary
consideration
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department
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request
government
counsel
department
advanced
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cf
sec
chenery
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addison
holly
hill
us
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regulation
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order
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cfr
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petitioner
farmers
last
line
retreat
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petitioners
notice
since
blair
freeman
app
nearby
differentials
bottomed
shaky
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lest
losing
parties
encouraged
prolong
litigation
frivolous
appeals
order
reap
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think
respondents
deserve
fruits
victory
date
final
judgment
trial
judgment
affirmed
footnotes
see
lehigh
valley
cooperative
brannan
stark
stark
wickard
rock
royal
hood
sons
lower
courts
also
plagued
milk
problem
see
especially
judge
frank
lament
queensboro
farm
prods
wickard
cir
see
also
blair
freeman
app
green
valley
creamery
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fluid
use
milk
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market
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plant
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rigid
sanitary
requirements
plants
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fluid
product
see
agricultural
adjustment
administration
report
may
explain
part
disparity
price
class
fluid
milk
class
ii
uses
milk
nearby
producers
given
equilibrium
supply
demand
logical
fluid
suppliers
urban
areas
see
generally
cassels
study
fluid
milk
prices
cooperative
system
amounted
pooling
arrangement
wherein
participating
producers
bargain
collectively
handlers
threaten
withhold
milk
handlers
refused
agree
purchase
certain
minimum
percentage
class
fluid
milk
pool
without
supply
handlers
unable
meet
winter
requirements
essential
arrangement
course
sufficiently
wide
membership
insure
alternative
source
supply
recalcitrant
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second
aspect
arrangement
division
profits
among
producer
members
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frequently
employed
plan
whereby
producer
assigned
percentage
milk
claim
payment
class
fluid
price
remaining
production
paid
class
ii
rate
apparently
bases
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anticipated
participation
producer
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market
result
nearby
producers
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favorable
bases
view
historical
role
fluid
suppliers
equilibrium
market
descriptions
cooperative
systems
see
cassels
supra
black
dairy
industry
aaa
historically
fluid
suppliers
nearby
producers
apparently
maintained
times
production
sufficient
service
consumer
fluid
market
addition
close
proximity
enabled
deliver
small
retailers
potential
competitors
see
agricultural
adjustment
administration
report
supra
barnhart
development
licenses
order
regulating
handling
milk
greater
boston
massachusetts
marketing
area
unpublished
dissertation
file
department
agriculture
harvard
university
license
boston
area
provided
favorable
bases
nearby
producers
see
barnhart
supra
milk
products
terms
conditions
orders
case
milk
products
orders
issued
pursuant
section
shall
contain
one
following
terms
conditions
except
provided
subsection
section
others
classifying
milk
accordance
form
purpose
used
fixing
providing
method
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minimum
prices
use
classification
handlers
shall
pay
time
payments
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made
milk
purchased
producers
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uniform
handlers
subject
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market
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handlers
subject
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grade
quality
milk
purchased
locations
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made
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providing
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producers
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milk
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uniform
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case
orders
covering
milk
products
provision
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favored
least
producers
representative
period
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secretary
agriculture
engaged
production
market
milk
covered
order
producers
representative
period
produced
least
volume
milk
produced
market
period
approval
required
hereunder
shall
separate
apart
approval
disapproval
provided
section
ii
payment
producers
associations
producers
delivering
milk
handlers
uniform
prices
milk
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irrespective
uses
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delivered
subject
either
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adjustments
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market
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handlers
subject
order
grade
quality
milk
delivered
locations
delivery
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equitably
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value
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among
producers
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milk
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classification
classifications
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period
time
need
limited
one
year
boston
order
fed
reg
established
uniform
prices
producers
per
cwt
milk
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place
delivery
adjustment
transportation
handler
plant
marketing
area
article
viii
also
provided
adjustment
based
cost
transporting
milk
outlying
plants
primary
boston
market
present
regulations
calculate
price
reference
purchasing
power
milk
based
index
transportation
adjustment
provided
calculation
uniform
price
order
differentials
compensate
zone
delivery
retained
separate
adjustments
see
infra
secretary
three
alternative
modes
proceeding
act
may
establish
use
prices
handlers
must
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producers
according
actual
amount
milk
used
category
individual
handler
pools
producers
cooperatives
selling
individual
handler
shall
paid
uniform
price
milk
delivered
handler
marketwide
pool
handlers
must
pay
producers
uniform
price
milk
delivered
irrespective
end
use
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included
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delivery
nearby
plant
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handler
plants
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zones
cfr
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plant
located
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consumer
market
course
advantageous
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compensated
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handler
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saves
cost
handling
processing
country
plant
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saving
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depositing
milk
handlers
plants
outlying
districts
results
negative
adjustment
section
ii
requires
uniform
prices
paid
irrespective
uses
made
milk
individual
handler
delivered
respondents
contend
nearby
differential
merely
disguised
payment
nearby
suppliers
greater
share
fluid
milk
sales
apparently
case
new
jersey
order
invalidated
appeals
blair
freeman
supra
payment
differential
explicitly
linked
percentage
nearby
milk
actually
supplied
fluid
market
share
respondents
skepticism
doubts
reinforced
explicit
connection
differential
payments
share
fluid
milk
supplied
boston
order
cause
skepticism
found
present
zone
differential
structure
undercompensates
handlers
transportation
outlying
districts
thus
encourages
buy
nearby
farmers
see
kessel
economic
effects
federal
regulation
milk
markets
law
econ
however
unlike
situation
blair
freeman
supra
producer
receives
differential
irrespective
use
milk
ultimately
put
since
nearby
differential
present
order
directly
tied
percentage
fluid
milk
sales
although
order
limits
differential
payments
class
price
whichever
higher
accept
government
contention
matter
strict
logic
payment
differentials
based
historical
position
nearby
producers
fluid
suppliers
inconsistent
requirement
market
differential
differential
given
producer
compensate
delivering
milk
city
market
instead
country
plant
differentials
vary
markets
qualified
location
differential
fact
location
usually
determined
distance
primary
market
whereas
market
differentials
usually
paid
secondary
markets
relevant
excerpts
hearing
included
joint
appendix
appear
section
provides
location
differentials
price
arrived
calculation
pool
blended
price
milk
market
country
station
allowances
deducted
paragraph
provides
shall
deducted
blended
price
case
milk
delivered
plant
miles
state
house
amount
equal
carlot
freight
rate
plant
boston
deduction
different
freight
zone
price
smaller
amount
difference
freight
zone
go
market
paragraph
provides
case
milk
delivered
producer
plant
located
within
forty
miles
state
house
added
cents
per
hundredweight
added
reason
case
country
stations
allowed
dealers
class
milk
cents
hundredweight
country
station
charge
allowing
containers
ship
milk
three
cents
case
milk
received
city
plants
instead
cent
three
cent
deduction
cents
receiving
station
allowance
five
cents
difference
cents
per
hundredweight
add
back
cents
producer
whose
milk
pass
country
station
emphasis
added
see
barnhart
supra
eliminate
questions
improper
delegation
legislative
authority
raised
decisions
schechter
et
al
provisions
relating
orders
enumerate
commodities
orders
issued
secretary
agriculture
may
applicable
prescribe
fully
administrative
procedure
followed
secretary
issuing
enforcing
terminating
orders
specify
terms
may
included
orders
dealing
enumerated
commodities
supra
see
brannan
stark
connection
noted
production
differential
authorized
maintaining
adequate
supply
fluid
use
lean
winter
months
strictly
speaking
handler
cost
general
cost
market
however
essential
cost
eliminated
looking
alternative
supplier
viewed
context
course
cost
handler
nonregulated
equilibrium
market
handler
forced
pay
premium
winter
months
supply
limited
demand
constant
volume
differential
differential
paid
operations
several
country
plants
consolidated
one
plant
inconvenience
caused
producers
closing
plants
delivering
requiring
milk
handled
one
plant
compensated
additional
payment
producers
production
differential
differential
paid
producer
compensating
keeping
farm
milk
qualified
city
market
even
though
milk
may
actually
going
manufactured
use
production
differential
payment
farmer
performing
function
market
emphasis
supplied
supra
brannan
stark
supra
invalidated
regulations
providing
certain
payments
cooperatives
effect
reducing
blended
price
nonmember
producers
premise
underlying
holding
payments
represent
compensation
rendering
economic
services
benefit
producers
even
dissenters
took
point
departure
proposition
payments
sustained
justified
terms
services
rendered
see
brannan
stark
supra
proposed
amendments
insofar
relate
marketing
agreements
orders
primarily
intended
implement
spell
detail
greater
freedom
ambiguity
powers
provided
original
act
present
language
statute
unfortunately
subject
serious
misconstruction
given
rise
obstacles
connection
enforcement
marketing
agreements
licenses
seriously
endangered
successful
operation
supra
verdict
quiescent
years
invoked
baptize
statutory
gloss
otherwise
impermissible
many
times
reconsidered
statutory
constructions
passively
abided
congress
congressional
inaction
frequently
betokens
unawareness
preoccupation
paralysis
best
treacherous
find
congressional
silence
alone
adoption
controlling
rule
law
girouard
significance
greatest
area
one
traditional
supervision
like
tax
watchdog
committees
considering
revising
statutory
scheme
even
less
deference
due
silence
wake
unsuccessful
attempts
eliminate
offending
interpretation
amendment
see
girouard
supra
case
us
indication
subsequent
congress
addressed
particular
problem
unpersuaded
silence
tantamount
acquiescence
let
alone
approval
discerned
dissent
floor
exchange
reported
cong
rec
copeland
senator
say
suggestion
number
communities
new
york
sufficient
supply
milk
surrounding
market
take
care
demand
therefore
milk
must
brought
market
distant
points
provisions
equalization
discussing
provide
producer
producing
milk
farms
near
cities
receive
price
product
farmer
produces
milk
say
miles
away
community
murphy
embraced
marketing
area
true
let
us
keep
mind
situation
deficiency
consumer
demand
surplus
milk
price
greatly
depressed
years
way
one
determine
one
producers
included
plan
provided
shall
bear
share
cost
effecting
higher
price
divide
milk
classification
uses
copeland
think
senator
quite
stated
conditions
take
consideration
difference
cost
production
taxes
values
property
near
city
much
higher
case
property
farther
away
city
transportation
differential
compensate
difference
cost
see
murphy
senator
refer
page
line
see
qualification
prices
shall
uniform
handlers
subject
adjustments
volume
market
production
differentials
customarily
applied
handlers
subject
order
adopt
present
practice
business
grade
quality
milk
purchased
locations
delivery
milk
use
classification
thereof
made
handlers
market
differential
strictly
speaking
compensate
producer
absorbing
cost
handler
may
additional
cost
producer
deliver
city
plant
nearby
farmer
example
incur
additional
costs
delivering
preferred
city
plant
opposed
country
station
savings
handler
nevertheless
plain
market
differential
properly
viewed
adjustment
permits
producer
share
handler
profits
resulting
reduced
costs
see
kessel
supra
criticizing
present
undercompensation
transportation
costs
faraway
zones
disguised
subsidy
nearby
producers
resulting
inefficient
allocation
economic
resources
author
draws
comparison
nearby
differential
lamenting
however
weak
case
zone
differentials
fail
depict
transportation
costs
infinitely
stronger
case
location
differentials
secretary
findings
include
following
farm
location
differential
provisions
present
new
england
orders
continued
island
order
connecticut
order
group
nine
cooperative
associations
represents
principally
producers
whose
farms
located
outside
specified
farm
location
differential
areas
proposed
farm
location
differentials
eliminated
new
england
orders
three
cooperative
associations
proposed
producer
whose
farm
located
within
new
england
presently
eligible
receive
farm
location
differential
new
england
order
eligible
receive
differential
irrespective
new
england
order
milk
pooled
another
cooperative
association
proposed
farm
location
differentials
increased
arm
location
differentials
effect
several
new
england
orders
since
inception
orders
differentials
adopted
reflect
pricing
structure
orders
historical
price
relationships
location
prevailed
markets
found
customarily
somewhat
higher
values
normally
reflected
transportation
costs
attached
milk
produced
near
principal
consumption
centers
compared
market
value
milk
produced
distant
areas
milkshed
considerable
testimony
support
removal
provisions
received
established
farm
location
differential
provisions
resulting
unstable
disruptive
marketing
conditions
warrant
deletion
orders
time
although
certain
marketing
problems
nearby
intermediate
market
areas
referred
testimony
problems
result
production
increases
farms
areas
logically
might
attributable
higher
returns
producers
areas
increases
significantly
different
farms
eligible
farm
location
differentials
reason
dispute
secretary
finding
differentials
disruptive
effect
market
issue
however
whether
provisions
authorized
statute
secretary
order
devoid
economic
justification
relies
solely
historical
factor
nearby
producer
favorable
share
fluid
use
market
see
also
report
secretary
agriculture
federal
milk
order
study
committee
see
report
secretary
agriculture
federal
milk
order
study
committee
supra
see
reporting
excerpts
secretary
decision
october
accompanying
order
southeastern
new
england
marketing
area
judge
frank
expressed
view
queensboro
farm
prods
wickard
cir
congress
intended
adopt
intervening
administrative
interpretation
use
language
construction
use
provision
may
well
caused
concern
interpretation
differentials
event
judge
frank
assumption
congress
gave
careful
consideration
connection
supported
citation
specific
legislative
history
indicate
congress
mind
specific
problems
connection
administration
marketing
provisions
order
provided
payment
uniform
price
subject
adjustments
special
exception
producer
whose
farm
located
within
forty
miles
state
house
boston
delivers
milk
handler
plant
located
within
forty
miles
state
house
boston
per
hundredweight
quantity
milk
delivered
producer
excess
base
producer
emphasis
supplied
art
viii
section
act
provided
nothing
act
shall
construed
invalidating
marketing
agreement
license
order
regulation
relating
provision
act
secretary
agriculture
connection
agreement
license
order
executed
issued
approved
done
agricultural
adjustment
act
amendment
thereof
marketing
agreements
licenses
orders
regulations
provisions
acts
hereby
expressly
ratified
legalized
confirmed
extent
congress
said
acted
background
order
must
reject
petitioners
argument
order
superseded
order
differed
approach
provision
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obscured
allowing
favorable
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nearby
producers
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viii
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viewed
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market
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payment
depended
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producer
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typical
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legislative
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regulatory
continuity
app
section
act
provides
order
shall
become
effective
secretary
determines
issuance
order
practical
means
advancing
interests
producers
commodity
pursuant
declared
policy
approved
favored
least
producers
representative
period
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secretary
engaged
within
production
area
specified
marketing
agreement
order
production
market
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representative
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ii
producers
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period
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market
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representative
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produced
least
volume
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within
marketing
area
specified
marketing
agreement
order
lower
courts
circumstances
permitted
agency
rely
approval
affected
action
evidence
action
public
interest
compare
citizens
allegan
county
fpc
app
marine
space
enclosures
fmc
app
need
consider
scope
may
given
principles
justice
black
justice
white
joins
dissenting
central
question
cause
whether
provision
secretary
agriculture
boston
milk
market
regulation
provides
farmers
close
boston
receive
higher
price
milk
farmers
farther
away
valid
agricultural
marketing
agreement
act
amended
stat
et
seq
ed
supp
iv
majority
concludes
higher
payment
sustained
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holds
since
secretary
provided
economic
justification
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invalid
effect
affirming
judgment
challenged
payments
placed
special
fund
since
june
amount
distributed
farmers
selling
milk
boston
market
instead
located
near
boston
represents
drastic
change
distribution
income
sale
milk
since
nearby
farmers
received
additional
payments
least
years
study
legislative
history
convinces
beyond
doubt
result
wrong
direct
conflict
intent
congress
expressed
agricultural
marketing
agreement
act
predecessors
opinion
congress
intended
permit
secretary
regulate
milk
industry
accordance
practices
developed
industry
prior
first
federal
regulation
intend
eliminate
economic
advantages
specific
groups
enjoyed
past
since
clear
beyond
doubt
farmers
near
boston
received
milk
farmers
prior
federal
regulation
reverse
judgment
hold
provision
boston
milk
order
valid
order
understand
purpose
act
necessary
go
back
time
prior
federal
regulation
majority
correctly
points
economics
milk
industry
time
often
led
destructive
competition
chaos
milk
producers
therefore
formed
cooperatives
protection
sold
milk
collective
basis
parties
case
agree
record
conclusively
shows
cooperatives
time
farmers
close
marketing
centers
received
milk
farmers
farther
away
higher
price
resulted
many
factors
including
greater
proportion
milk
nearby
farms
used
fluid
purposes
possibility
farmers
compete
handlers
selling
directly
customers
smaller
seasonal
variation
volume
milk
produced
higher
costs
taxes
land
values
incurred
farming
close
cities
long
economic
conditions
remained
generally
stable
cooperatives
succeeded
protecting
farmers
dangers
overproduction
excessive
competition
depression
set
milk
farmers
like
many
americans
unable
maintain
stable
prices
congress
reacted
situation
passing
agricultural
adjustment
act
stat
secretary
agriculture
given
broad
powers
regulate
farm
economy
licensing
stat
details
standards
describing
secretary
powers
provided
act
attention
given
specific
problems
nearby
farmers
milk
industry
provisions
act
secretary
issued
license
boston
market
first
license
included
provisions
effectively
maintained
historical
price
advantage
producers
close
boston
bills
introduced
congress
amend
hearings
held
bills
february
march
year
may
held
schechter
poultry
provisions
national
industrial
recovery
act
stat
unconstitutional
part
act
delegated
powers
administrative
agency
without
providing
adequate
standards
guidelines
congressional
committees
considering
amendments
immediately
recognized
schechter
decision
cast
considerable
doubt
validity
therefore
reported
completely
amended
bill
set
forth
detailed
descriptions
powers
standards
secretary
employ
reported
passed
congress
bill
contained
specific
provisions
concerning
milk
industry
provisions
involved
present
case
committee
reports
accompanying
bill
make
abundantly
clear
primary
purpose
bill
eliminate
questions
improper
delegation
legislative
authority
raised
decision
schechter
indication
congress
passed
amendments
intended
cut
back
limit
authority
secretary
actually
exercised
regulating
milk
act
rather
purpose
avoid
judicial
invalidation
resulting
absence
constitutionally
sufficient
standards
history
legislative
record
make
quite
clear
congress
concerned
limiting
excessively
aggressive
secretary
overcoming
limitations
imposed
frustrating
congressional
purpose
holding
laws
unconstitutional
pursuant
act
secretary
issued
new
order
boston
market
like
order
contained
provisions
additional
payments
nearby
farmers
issuing
order
explicitly
relied
historical
economic
factors
justified
additional
payments
effectiveness
amendments
also
jeopardized
decisions
congress
acted
passing
new
law
agricultural
marketing
agreement
act
stat
statute
milk
marketing
provisions
act
substantially
form
provided
market
orders
issued
act
expressly
ratified
legalized
confirmed
stat
proceeding
new
act
secretary
reinstated
boston
order
including
additional
payments
farmers
located
nearer
city
order
act
remained
substantially
form
time
general
historical
picture
mind
easier
answer
central
legal
question
case
whether
act
authorizes
secretary
agriculture
provide
nearby
farmers
receive
milk
farmers
farther
away
act
provides
secretary
shall
establish
order
certain
basic
prices
milk
delivered
producers
allows
adjust
basic
price
reflect
volume
market
production
differentials
customarily
applied
handlers
subject
order
cl
supp
iv
secretary
argues
payment
additional
sums
farmers
close
boston
authorized
market
differential
argument
settled
simply
basis
statutory
language
since
definition
term
market
however
legislative
history
makes
clear
beyond
doubt
provision
designed
allow
secretary
broad
leeway
regulating
milk
industry
accordance
prior
practices
differentials
unregulated
market
committee
reports
houses
said
milk
order
provisions
act
designed
follow
methods
employed
cooperative
associations
producers
prior
enactment
agricultural
adjustment
act
provisions
licenses
issued
pursuant
present
section
agricultural
adjustment
act
discussion
provisions
congressional
floor
debates
fully
supports
statement
senator
copeland
former
commissioner
health
new
york
city
man
well
acquainted
milk
industry
new
england
asked
senator
murphy
floor
manager
bill
possibility
farmers
near
cities
receive
price
milk
farmers
farther
away
senator
murphy
initial
answer
indicated
senator
copeland
pressed
inquiry
stating
factors
considered
senator
murphy
indicated
provisions
specific
differentials
adopt
present
practice
business
reply
indicates
nearby
differentials
permissible
part
business
practice
majority
diminishes
importance
discussion
saying
represents
views
two
men
committee
anyone
acquainted
realities
senate
knows
remarks
floor
manager
taken
senators
reflecting
views
committee
history
makes
clear
congress
intend
limit
authorized
differentials
specific
payments
rather
intended
permit
secretary
employ
whatever
practices
consistent
history
unregulated
market
found
necessary
achieve
stability
milk
industry
applying
considerations
becomes
plain
additional
payments
nearby
farmers
authorized
differential
customarily
applied
nearby
farmers
always
obtained
higher
price
milk
farmers
farther
away
secretary
regulations
reflected
historical
fact
reinstatement
nearby
differentials
passage
act
merely
continued
prior
administrative
practice
based
earlier
economic
realities
paying
milk
produced
farms
close
boston
congress
intended
eliminate
feature
prior
practice
easy
say
absolutely
nothing
statute
legislative
history
demonstrates
desire
alter
advantage
nearby
farmers
always
enjoyed
conclusion
differential
authorized
buttressed
actions
congress
secretary
since
always
healthy
controversy
among
farmers
differential
extensive
hearings
brought
forth
strong
arguments
continuing
yet
congress
even
though
amended
statute
stat
still
way
indicated
nearby
differential
unauthorized
act
eliminated
time
similarly
secretary
continually
reviewed
provision
refused
eliminate
recent
time
since
congress
view
intended
authorize
payments
like
nearby
differential
since
altered
authorization
past
years
agree
properly
eliminate
payment
ostensibly
process
statutory
interpretation
interpretation
based
theory
legislative
silence
majority
seems
imply
legislative
history
speaks
clearly
saying
congress
intended
secretary
regulate
industry
accordance
prior
practices
statutory
language
statements
committee
reports
floor
debates
illumine
two
different
roads
ante
see
one
path
marked
legislative
record
silence
perceive
striking
absence
statements
statute
legislative
history
support
majority
interpretation
conclusion
location
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authorized
act
finds
support
judicial
decisions
rock
royal
certain
milk
handlers
made
broadside
attack
new
york
order
issued
act
rejected
challenge
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part
argument
nearby
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provision
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provision
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identical
language
supporting
conclusion
found
latter
section
involved
present
case
majority
attempts
distinguish
case
noting
suit
brought
government
handlers
difficult
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difference
makes
matter
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decides
issue
statutory
interpretation
decision
remain
even
litigants
change
nearby
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boston
order
involved
also
approved
first
circuit
green
valley
creamery
majority
dismissal
case
conclusion
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standing
raise
issue
irrelevant
first
circuit
found
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stated
urthermore
handlers
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standing
matter
whether
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dictum
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point
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considered
payments
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expressly
provided
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majority
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set
forth
instead
finds
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require
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disregard
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producers
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milk
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present
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justification
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payments
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interpretation
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language
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whole
relevant
expressions
congressional
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found
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history
theory
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majority
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history
none
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floor
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years
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express
legislative
history
clear
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allowing
secretary
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details
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milk
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