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CUMBERLAND FARMS v. N. H. MILK CONTROL BOARD

No. 5110.

104 N.H. 364 (1963)

CUMBERLAND FARMS NORTHERN, INC. v. NEW HAMPSHIRE MILK CONTROL BOARD & a.

Supreme Court of New Hampshire.

Decided January 18, 1963.

Attorney(s) appearing for the Case

Burns, Bryant & Hinchey and Alfred B. Stapleton (of Rhode Island) (Mr. Robert E. Hinchey orally), for the plaintiff.

William Maynard, Attorney General and Alexander J. Kalinski, Assistant Attorney General (Mr. Kalinski orally), for the defendants.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Philip G. Peters orally), for Milk Dealers Association of the State of New Hampshire as amicus curiae.

Gordon M. Tiffany (by brief and orally), for Granite State Dairymen's Association as amicus curiae.

BLANDIN, J.

The plaintiff asks that certain orders of the Milk Control Board be suspended and for other relief, pending final determination of its appeal from these orders. We are authorized to grant the plaintiff's petition if, in our opinion, justice so requires. RSA 541:18; New England Tel. & Tel. Co. v. State, 97 N.H. 555.

At the threshold of our inquiry, the defense raises the objection that...

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