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SANI-DAIRY v. YEUTTER
United States Court of Appeals, Third Circuit.
Jul 31, 1996
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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
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