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WEEKS DAIRY v. MILK CONTROL BOARD

Nos. 5451, 5452.

107 N.H. 348 (1966)

WEEKS DAIRY, INC. v. NEW HAMPSHIRE MILK CONTROL BOARD. NEW HAMPSHIRE MILK DEALERS' ASSOCIATION v. NEW HAMPSHIRE MILK CONTROL BOARD.

Supreme Court of New Hampshire.

Decided August 31, 1966.

Attorney(s) appearing for the Case

Snierson & Chandler and David M. Copithorne (Mr. Copithorne orally), for Weeks Dairy, Inc.

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

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

LAMPRON, J.

After due notice and hearing, the Board amended its official orders on March 1, 1963 as follows: "VIII. School milk in individual containers is Class I milk for payment to producers and is exempt from resale price regulations by this Board." Previously, on October 1, 1956, after due notice and hearing, the Board had ruled "6. School milk in individual containers is exempt from price regulation by the Board."

Weeks contending that the order of March...

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