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POLAR ICE CREAM & CREAMERY COMPANY v. ANDREWS

Civ. A. No. 851.

208 F.Supp. 899 (1962)

POLAR ICE CREAM & CREAMERY COMPANY, Plaintiff, v. Charles O. ANDREWS, Jr., Chairman, Alex Shaw, Jackson Logan, Robert G. Carter, Mrs. Charlotte Tomlinson, John H. Cone and Dr. James Acree, as and constituting the Florida Milk Commission, and Florida Milk Commission, an instrumentality of the State of Florida, Defendants.

United States District Court N. D. Florida, Tallahassee Division.

July 26, 1962.

Attorney(s) appearing for the Case

Philip D. Beall, Beall & Caro, Joe J. Harrell, Jones & Harrell, Pensacola, Fla., J. A. McClain, Jr., Mabry, Reeves, Carlton, Field & Ward, Tampa, Fla., for plaintiff.

Mallory E. Horne, Marion D. Lamb, Jr., Horne & Rhodes, Tallahassee, Fla., for defendants.

Before JONES, Circuit Judge, and DeVANE and CARSWELL, District Judges.

CARSWELL, District Judge.

Jurisdiction in this cause is predicated upon an averment of a constitutional question and jurisdictional amount. Plaintiff is a Florida corporation located in Pensacola, Florida, and engaged in the distribution of milk and milk products. Defendant is the Florida Milk Commission, an agency of the State of Florida.

The Pensacola Milk Marketing Area came under the control of the defendant on November 21, 1961, after a favorable vote...

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