CUMBERLAND FARMS v. PIERCE

No. 5110.

104 N.H. 489 (1963)

CUMBERLAND FARMS NORTHERN, INC. v. ALFRED T. PIERCE & a.

Supreme Court of New Hampshire.

Decided April 30, 1963.


Attorney(s) appearing for the Case

Burns, Bryant & Hinchey and E. Paul Kelly, Robert F. McNeil (of Massachusetts) and Alfred B. Stapleton (of Rhode Island) (Mr. Kelly 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. Peters orally), for New Hampshire Milk Dealers Association, as amicus curiae.

Tiffany & Osborne for The Granite State Dairymen's Association (Mr. Tiffany orally), as amicus curiae.


WHEELER, J.

The plaintiff is a New Hampshire corporation leasing and operating a plant at Portsmouth, New Hampshire for purposes of processing and bottling milk in gallon jugs. The Portsmouth plant was recently constructed at a cost of some $300,000. The plaintiff proposes to engage solely in selling milk in gallon and half gallon jugs on a cash and carry over-the-counter basis.

On September 25, 1962 the plaintiff filed with the Milk Control Board nine applications...

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