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BEATRICE FOODS CO. v. STATE MILK COM'N

139 S.E.2d 922 (1965)

205 Va. 763

BEATRICE FOODS COMPANY, t/a Clover Creamery Company, v. STATE MILK COMMISSION.

Supreme Court of Appeals of Virginia.

January 18, 1965.

Attorney(s) appearing for the Case

Furman Whitescarver, Salem, for appellant.

M. Harris Parker, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for appellee.

T. Justin Moore, Jr., Evans B. Brasfield, Hunton, Williams, Gay, Powell & Gibson, Richmond, for Lynchburg-Westover Dairies, Inc., amicus curiae.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

SNEAD, Justice.

On January 29, 1963, Beatrice Foods Company, trading as Clover Creamery Company, made application with the State Milk Commission for a distributor's license on the Lynchburg milk market. The Commission denied the application by a two to one decision. We granted Beatrice an appeal. Code § 3-369.

Upon receipt of Beatrice's application, the Commission referred it to the Lynchburg Local Milk Board for a recommendation. The Local Board recommended...

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