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SAFEWAY STORES v. MILK COMMISSION

87 S.E.2d 769 (1955)

197 Va. 69

SAFEWAY STORES, Incorporated, v. MILK COMMISSION of Virginia et al.

Supreme Court of Appeals of Virginia.

June 13, 1955.

Attorney(s) appearing for the Case

William H. King, Richmond, Arthur B. Hanson, Garland Clarke, Emmett E. Tucker, Jr., Washington, D. C, for appellant.

J. Lindsay Almond, Jr., Atty. Gen., Thomas M. Miller, Harry L. Ryan, Jr., John J. Carmody, F. Gloyd Await, W. V. T. Justis, William Blum, Jr., Boiling R. Powell, Jr., Asst. Attys. Gen, Washington, D. C, for appellees.

Before HUDGINS, C. J, and EGGLSTON, SPRATLEY, BUCHANAN, SMITH and WHITTLE, JJ.

SPRATLEY, Justice.

The facts in this case are without dispute, and the sole question presented is whether the Milk Commission of Virginia is empowered to establish prices other than minimum and maximum wholesale and retail prices for the same grade of milk within a given marketing area.

On July 17, 1953, the Milk Commission of Virginia, hereinafter referred to as the Commission, held a public hearing for the purpose of considering evidence relating to an adjustment...

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