PENN DAIRIES v. MILK CONTROL COMM'N.

No. 399.

318 U.S. 261 (1943)

PENN DAIRIES, INC., ET AL. v. MILK CONTROL COMMISSION OF PENNSYLVANIA.

Supreme Court of United States.

Decided March 1, 1943.


Attorney(s) appearing for the Case

Solicitor General Fahy argued the cause for the United States; Mr. Harris C. Arnold for Penn Dairies, Inc. Assistant Attorney General Shea and Messrs. Archibald Cox, Morton Liftin, and Gerald A. Gleeson were with them on the brief, for appellants.

Mr. Frank E. Coho, Deputy Attorney General of Pennsylvania, with whom Messrs. Claude T. Reno, Attorney General, and E. Russell Shockley were on the brief, for appellee.


MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

Decision of this case turns on the question whether the minimum price regulations of the Pennsylvania Milk Control Law of April 28, 1937, P.L. 417, Purdon's Pa. Stat. Ann., Tit. 31, § 700j, may constitutionally be applied to the sale of milk by a dealer to the United States, the sale being consummated within the territorial limits of the state in a place subject...

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