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FLORIDA DAIRY FARMERS FEDERATION v. BORDEN COMPANY

No. D-489.

155 So.2d 699 (1963)

FLORIDA DAIRY FARMERS FEDERATION, an agricultural cooperative marketing association, Appellant, v. The BORDEN COMPANY, a corporation doing business as Borden's Dairy, Foremost Dairies, Inc., a corporation, and Doyle Conner, as Commissioner of Agriculture of the State of Florida, Appellees, Florida Dairy Products Association, Inc., a corporation not for profit, Intervening Appellee.

District Court of Appeal of Florida. First District.

August 20, 1963.

Attorney(s) appearing for the Case

Frank M. Scruby of Scruby & Yonge, Orange Park, for appellant.

Joseph C. Jacobs, Asst. Atty. Gen., Wayne K. Ramsay, Jacksonville, Mabry, Reaves, Carlton, Fields & Ward, and McClain, Cason & Turbiville, Tampa, for appellees.

RAWLS, Judge.

Florida Dairy Farmers Federation, an agricultural marketing cooperative association, who will be referred to as "producers" sought to enjoin the Borden Company and Foremost Dairies, who will be referred to as "distributors" from the marketing of certain dairy products. Prior to filing any defenses, the distributors moved for a summary final decree, and the producers countered with a similar motion. The chancellor granted the distributors' motion and...

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