CURLL v. DAIRMEN'S COOP. SALES ASSN.


389 Pa. 216 (1957)

Curll, Appellant, v. Dairymen's Cooperative Sales Association.

Supreme Court of Pennsylvania.

May 27, 1957.


Attorney(s) appearing for the Case

Henry E. Rea, Jr., with him Robert G. MacAlister, and Metz, McClure, Hanna & MacAlister, for appellants.

E. Lowry Humes, with him Fred C. Kiebort and Humes & Kiebort, for appellee.

A. Evans Kephart, for amicus curiae.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE CHIDSEY, May 27, 1957:

The appeal in this action in equity presents the basic question: Has the board of directors of the defendant, a milk producers' cooperative association organized under the Act of April 30, 1929, P.L. 885, as amended, 14 PS § 81 et seq., the power to express the cooperative's approval or disapproval of the possible issuance by the Secretary of Agriculture of the United States of a Federal marketing order which would...

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