Opinion
No. 95-3304.
Submitted under Third Circuit LAR 34.1(a) March 15, 1996.
Opinion Filed: July 31, 1996.
Marvin Beshore, Milspaw Beshore, Harrisburg, PA, for Appellees Sani-Dairy, a Division of Penn Traffic Co., Inc., John P. Strittmatter, dba Strittmatters Dairy, Delbert Thomas, Ed Thomas, Lowell Friedlin, Arthur Bloom, James L. Harteis.
Glen W. Wagner, Port Clinton, OH, for Appellee Milk Marketing, Inc.
Edward R. Cohen, United States Department of Justice, Washington, DC, for Appellants.
On Appeal from the United States District Court for the Western District of Pennsylvania.
ORDER AMENDING OPINION FILED JULY 31, 1996
Upon reviewing the submissions of counsel for appellee, Milk Marketing Inc., it is hereby ordered that the opinion filed in this case on July 31, 1996 be amended as follows: the language contained in footnote 1 is to be deleted and replaced with the following:
As set forth by the district court in its December, 1994 opinion at footnote one "By Memorandum Order dated October 29, 1991, (Docket No. 22), the Secretary's motion to dismiss the complaint filed by plaintiff Sani-Dairy was granted because Sani-Dairy, a milk producer, or "handler" as that term is defined by 7 C.F.R. 1002.7 failed to exhaust its administrative remedies before seeking judicial review."
IT IS SO ORDERED.
Dated: August 29, 1996
By the Court,
/s/ Richard L. Nygaard, Circuit Judge