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RICHBOURG'S SHOPPERS FAIR, INC. v. STONE

18627

249 S.C. 278 (1967)

153 S.E.2d 895

RICHBOURG'S SHOPPERS FAIR, INC. and Bi-Lo, Inc., Appellants, v. Eugene E. STONE, R.M. Hanckel, Fred T. Mills, C.G. Cushman, H. Ciremba Amick, George L. Tupper, R.L. Steer, Mrs. J. Allen Lambright, Hampton S. Caughman and W.L. Harrelson, composing the South Carolina State Dairy Commission, Respondents.

Supreme Court of South Carolina.

March 30, 1967.

Attorney(s) appearing for the Case

Robert E. Vandiver, Esq., of Watkins, Vandiver, Kirven & Long, of Anderson, for appellants.

Messrs. Daniel R. McLeod, Attorney General, Grady L. Patterson, Jr., Assistant Attorney General, and Thomas E. McCutchen, all of Columbia, for respondents.

Messrs. Robinson, McFadden & Moore, of Columbia, for Winn-Dixie Greenville, Inc. as Amicus Curiae.

Messrs. Lourie & King, of Columbia, for Farm Bureau as Amicus Curiae.

Messrs. Murchison & West, H.W.C. Furman and Kenneth L. Holland, of Camden, for South Carolina Council of Milk Producers, Incorporated, et al., as Amicus Curiae.

March 30, 1967.

LIONEL K. LEGGE, Acting Associate Justice.

Plaintiffs in this action sought to enjoin the defendants, who compose the South Carolina State Dairy Commission, from enforcing the provisions of Section 5 of Act No. 297 of the 1965 Acts of the General Assembly, alleging that said section was unconstitutional. In their answer, the defendants alleged: (1) that the plaintiffs were not real parties in interest and therefore had no standing to maintain...

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