STATE v. GOLDEN GUERNSEY DAIRY CO-OPERATIVE


257 Wis. 254 (1950)

STATE, Respondent, vs. GOLDEN GUERNSEY DAIRY CO-OPERATIVE and others, Appellants.

Supreme Court of Wisconsin.

June 6, 1950.


Attorney(s) appearing for the Case

For the appellants there were briefs by Bender, Trump & McIntyre and Walter H. Bender, all of Milwaukee; Lowry & Hunter and Richard N. Hunter, all of Waukesha, for the Golden Guernsey Dairy Co-operative; Sidley, Austin, Burgess & Harper and Howard Neitzert and John R. Taylor, all of Chicago, Illinois; Miller, Mack & Fairchild and Steven E. Keane, all of Milwaukee, for the Borden Company; Snyder, Chadwell & Fagerburg and John T. Chadwell and Victor P. Kayser, all of Chicago, Illinois; Zimmers, Randall & Zimmers and Clifford A. Randall, all of Milwaukee, for the Luick Dairy Company; Edwin J. Gross of Milwaukee, for the Dairy Distributors, Inc.; Kleczka & Steinhilber and Clarence D. Steinhilber, all of Milwaukee, for the Blochowiak Dairy Company; Delbert H. Schmahl of Milwaukee, for the Clover Lane Dairy Co-operative; Elmer A. Kletzien of Menomonee Falls, for the Gehl Guernsey Farms, Inc.; Raymond J. Moore of Milwaukee, for the Layton Park Dairy Company; John H. Regan of Milwaukee, for the Wilke Dairy Company; and T. Fred Baker of Milwaukee, for the Emmer Bros. Dairy; and oral argument by John T. Chadwell, John R. Taylor, and Steven E. Keane.

For the respondent there were briefs by the Attorney General, Leonard Bessman, assistant attorney general, and William J. McCauley, district attorney of Milwaukee county, and oral argument by Mr. Stewart G. Honeck, deputy attorney general, and Mr. Bessman.


BROWN, J.

The complaint to which the defendants have severally demurred and which is now here for review alleged that the defendants in violation of the provisions of sec. 133.01, Stats. 1947, illegally combined and conspired with intent to restrain competition in the retail and wholesale price of fluid milk in Milwaukee county, and by such combination and conspiracy actually did restrain competition and fixed and controlled the price of such milk. It further alleged...

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