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STONE v. SALLEY

18251

244 S.C. 531 (1964)

137 S.E.2d 788

Eugene E. STONE, H. Ciremba Amick, Fred T. Mills, R.M. Hanckel, George L. Tupper, R.L. Steer, Mrs. J. Allen Lambright, W.L. Harrelson, Hampton S. Caughman, and C.G. Cushman, composing the South Carolina State Dairy Commission, Plaintiff-Respondents, v. Robert G. SALLEY, Sr.. a producer on behalf of himself and all others similarly situated, Edisto Farms Dairy, Inc., a distributor, on behalf of itself and all others similarly situated, Defendants-Respondents, and E.W. Duckworth d/b/a Duckworth's Supermarket, a Store (Retailer) on behalf of himself and all other similarly situated, Defendant-Appellant, and Paradise Ice Cream Company and Piggly Wiggly Meeting Street, Charleston, S.C. Intervening-Defendants.

Supreme Court of South Carolina.

August 6, 1964.

Attorney(s) appearing for the Case

Messrs. Murchison, West & Marshall, of Camden, for Appellant.

Messrs. Daniel R. McLeod, Attorney General, Grady L. Patterson, Jr., Assistant Attorney General, and Thomas F. McCutchen, of Counsel, and all of Columbia, for Plaintiffs-Respondents.

Messrs. Legare & Hare, of Charleston, and James P. Mozingo, III, of Darlington, for the Defendant-Respondent, Robert G. Salley, Sr., a Producer on behalf of himself and all others similarly situated.

N. Heyward Clarkson, Jr., Esq., of Columbia, for the Respondent, Edisto Farms Dairy.

August 6, 1964.

MOSS, Justice.

The State Dairy Commission of South Carolina promulgated an order, dated April 29, 1963, effective May 1, 1963, pursuant to the 1961 Dairy Commission Act, 52 Stats. 512, now Sections 32-1601 et seq., of the 1962 Code, fixing the minimum price of milk and prohibiting producers, distributors and retailers from selling such below the cost of production.

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