Court of Appeals for the Fifth Circuit September 11, 1996, 94-50631 (Gore, Inc., D/B/A Pure Milk Co. v. Michael Espy, as Secretary of U.S. Department of Agriculture)

POLITZ, Chief Judge:

Gore, Inc., doing business as Pure Milk Co., appeals an adverse summary judgment sustaining a ruling by the Secretary of Agriculture that Gore’s delivery of packaged milk products to a customer’s distribution center constituted a shipment to a milk plant under 7 C.F.R. § 1126.4.