Opinions of the United 1996 Decisions States Court of Appeals for the Third Circuit 7-31-1996 Sani-Dairy v. Sec Agri Precedential or Non-Precedential: Docket 95-3304,95-3304 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1996 Recommended Citation "Sani-Dairy v. Sec Agri" (1996). 1996 Decisions. Paper 144. http://digitalcommons.law.villanova.edu/thirdcircuit_1996/144 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 1996 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 95-3304 SANI-DAIRY, a division of Penn Traffic Co., Inc.; JOHN P. STRITTMATTER, d/b/a Strittmatters Dairy; DELBERT THOMAS; ED THOMAS; LOWELL FRIEDLIN; ARTHUR BLOOM; JAMES L. HARTEIS v. CLAYTON YEUTTER, Secretary of Agriculture, United States Department of Agriculture; COMMISSIONER OF AGRICULTURE AND MARKETS, STATE OF NEW YORK (D.C. Civil No. 90-cv-00222) MILK MARKETING, INC. v. CLAYTON YEUTTER, Secretary of Agriculture, United States Department of Agriculture (D.C. Civil No. 90-cv-00236) CLAYTON YEUTTER, Secretary of Agriculture, United States Department of Agriculture; DAN GLICKMAN, Secretary of Agriculture, United States Department of Agriculture and UNITED STATES OF AMERICA,* Appellants (*Pursuant to Rule 12(a), F.R.A.P.) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Submitted under Third Circuit LAR 34.1(a) on March 15, 1996 Before: NYGAARD, SAROKIN and ALDISERT, Circuit Judges. (Opinion Filed: July 31, 1996) __________ 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