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MILK CONTROL COM. v. RIECK DAIRY DIV.

193 Pa.Super. 32 (1960)

Milk Control Commission, Appellant, v. Rieck Dairy Division of National Dairy Products Corporation.

Superior Court of Pennsylvania.

September 16, 1960.

Attorney(s) appearing for the Case

Marvin D. Weintraub, Assistant Attorney General, with him John Patrick McShea, Jr., Assistant Attorney General, and Anne X. Alpern, Attorney General, for Milk Control Commission, appellant.

Samuel A. Schreckengaust, Jr., with him Donald R. Waisel, William Eckert, and McNees, Wallace & Nurick, for milk dealer, appellee.

Frank E. Coho, with him Robert G. MacAlister, Stanley M. Simon, and Johnston & Coho, on behalf of appellee, under Rule 46.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

OPINION BY WOODSIDE, J., September 16, 1960:

This appeal is from an order of the Court of Common Pleas of Allegheny County reversing an order of the Milk Control Commission which suspended the appellee's milk dealer's license for violation of section 807 of the Milk Control Law of April 28, 1937, P.L. 417, as amended, 31 P.S. § 700j-807.

This section provides, inter alia: "After the commission shall have fixed prices to be charged or paid for milk, ....

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