N. H. MILK DEALERS' ASS'N v. MILK CONTROL BOARD

Nos. 5429, 5489, 5491.

107 N.H. 335 (1966)

NEW HAMPSHIRE MILK DEALERS' ASSOCIATION v. NEW HAMPSHIRE MILK CONTROL BOARD. GRANITE STATE DAIRYMEN'S ASSOCIATION & a. v. NEW HAMPSHIRE MILK CONTROL BOARD.

Supreme Court of New Hampshire.

Decided August 31, 1966.


Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Philip G. Peters orally), for New Hampshire Milk Dealers' Association.

Tiffany & Osborne (Mr. Gordon M. Tiffany orally), for Granite State Dairymen's Association.

Hardy, Hall, Grimes & Murphy (of Massachusetts) (Mr. Reuben Hall orally), for New England Milk Producers' Association.

George S. Pappagianis, Attorney General and R. Peter Shapiro, Assistant Attorney General (Mr. Shapiro orally), for New Hampshire Milk Control Board.

Robert F. McNeil (of Massachusetts) and Daniel E. Donovan, Jr. (Mr. McNeil orally), for Cumberland Farms Northern, Inc., as amicus curiae.


LAMPRON, J.

On September 7, 1965, after a public hearing, the Board found "that in order to protect the public health from impairment by a shortage of milk of proper quality, it is necessary to increase the cost of milk paid to producers." It also found "that it is not necessary to increase the minimum retail price of milk" and made orders accordingly. After denial of their motions for rehearing, the plaintiffs appealed to...

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