AlB—Lancaster Fanning, Friday, December 24,1982 CORNING, lowa The National Fanners Organization board of directors has directed the NFO legal staff to file a case to challenge the statutes imposing a 50-cent per hundred- ’ight tax on dairy farmers and ♦ . suit will be filed within the n t few days, according to Riche Green, chief counsel for NFO. The NFO attorneys have in dicated that a principal ground for attack on the statute will be the unconstitutional delegation of legislative authority to the Secretary of agriculture. The attorneys said the new law simply says that the secretary “may” impose this tax at his discretion. It does not give him any standards or guidelines or criteria. Thus, he may do it as his whim, and may do it for reasons not in the minds of the legislators when they gave the secretary that authority. Another ground for filing will be the failure of the Department of Agriculture to comply with the laws regulating the making of rules. “What we will be seeking is a A season to sow, a season to reap Working the land held in our keep With these words, the men and women of farming perform their varied activities throughout the changing seasons each year. While their methods have been revolutionized from previous hard and tedious manual tasks to present modern mechanized efficiency, their role as keepers of the land remains largely unchanged. They prepare, care for and harvest the foundation of life itself. Now is their season to plan for yet another season of rebirth of the land As one year ends and another begins, let’s remember these keepers of the land and the life-giving meanng they impart to the seasons | A SEASONAL TRIBUTE TO OUR FARMERS i AND THEIR FAMILIES FROM YOUR 1 SPERRY NEW HOLLAND DEALER 1 C. E. WILEY & SON INC I SmwwiiNKwvwKwwvwwwvmwwmivwwftmivwwwawwwMwimiwwmmmimiS declatory judgment that the secretary’s order is unlawful and prohibiting the collection of the tax. In other NFO legal issues, the U.S. Circuit Court of Appeals in St. Louis, Mo., has awarded $164,000 to NFO to cover its costs in appealing a decision of federal district court in Kansas City in a suit involving dairy cooperatives. NFO President OeVon Woodland said the award appears to be precedent-setting in two ways. Woodland said the award was made before final judgment in the case, which was sent back to the court in Kansas City for deter mination of damages that NFO is entitled to recover from three dairy cooperatives, Associated Milk Producers, Inc., Mid- America Dairymen, Inc., and Central Milk Producers Co-op. The case has not yet been returned to the Kansas City court because those cooperatives have indicated an intention to ask the Supreme Court of the United States to review the court of Appeals decision. QUARRYVILLE, PA. NFO files suit , wins appeal Counsel Green said it is also the first time this court has awarded to a victorious party in an antitrust case reimbursement of actual expenses for items other than those included as costs of appeals by statute. Green said the award appears to be the highest single award this court has ever granted on an appeal. Earlier, the Circuit Court here had dismissed multi-million dollar lawsuits that AMPI and Mid- America had brought against NFO while upholding NFO’s countersuit against those cooperatives. The Appeals Court ruled that NFO did not violate antitrust laws, but said those three dairy cooperatives did conspire to monopolize milk sales during the Year End Sale - Special Prices Orders Must Be Placed Before Dec. 30tK Lancaster County's Only Dealers Specializing in Sprayer Sales & Service late 1960 s and early 19705. Woodland noted that the decade long court suit has been a sub stantial financial burden for the organization over the years and NFO had made numerous at tempts to settle the suit before and onrin»* + he trial. LESTER A. SINGER PH; (717) 687-6712 Mon. - Fri. 8 to 5; Sat. 9 -12 RONKS, PA “This award is the first step in recovering not only costs but also damages,” Woodland said. The Court of Appeals directed that AMPI, Mid-Am and CMPC each pay to NFO one-third of the award. BREAKING mix mom! Lancaster Farming Carries DHIA Reports Each Month! Engine Specialists Since 1915 WHITE ENGINES Hikers Of HERCULES Engine The Diesel For; -SHOPS ■ *-'! • GENERATOR SETS ► • REPOWER, ETC. : > Direct injection Makes it Easy Starting DIESELS OUR SPECIALTY Let Us Know Your Service Problems 24 Hour Service - Check Our Prices HOOVER DIESEL SERVICE PH: 717-656-6133 2998 West Newport Rd Ronks, Pa. 17572 2Vz mile East of Leola - Along 772 DEALER INQUIRIES INVITED 8.8. DIESEL SERVICE PH: 717-786-2173 RO 3, Quarryville, Pa. 2 miles west of Georgetown on Furnace Road
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