DELAUGHTER v. BORDEN COMPANY

Civ. A. No. 11049.

236 F.Supp. 477 (1964)

Clyde DELAUGHTER, d/b/a Bogalusa Dairy Products, v. The BORDEN COMPANY.

United States District Court E. D. Louisiana, at New Orleans.

December 16, 1964.


Attorney(s) appearing for the Case

Richard F. Knight, John W. Anthony, and Charles M. Hughes, Talley, Anthony, Hughes & Knight, Bogalusa, La., for plaintiff.

T. C. W. Ellis, Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, New Orleans, La., for Ingard Johannesen, trustee.

Walter M. Barnett, Montgomery, Barnett, Brown & Read, New Orleans, La., Joseph A. Greaves, The Borden Co., Chicago, Ill., Stuart S. Ball, George W. McBurney, Sidley, Austin, Burgess & Smith, Chicago, Ill., Richard J. Flynn, Washington, D. C., for defendant.


FRANK B. ELLIS, District Judge.

Clyde Delaughter, doing business as Bogalusa Dairy Products, instituted this action on March 25, 1961, in the Twenty-second Judicial District Court, Washington Parish, Louisiana, and defendant removed it here on the basis of diverse citizenship. The petition alleges that The Borden Company violated the Louisiana Orderly Milk Marketing Act1 by accruing and paying discounts and rebates in

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