DEAN FOODS COMPANY v. ALBRECHT DAIRY COMPANY

No. 18937.

396 F.2d 652 (1968)

DEAN FOODS COMPANY, Inc., Appellant, v. ALBRECHT DAIRY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

June 5, 1968.


Attorney(s) appearing for the Case

Francis J. McConnell, of McConnell, Freeman, Curtis & McConnell, Chicago, Ill., for appellant; Strom & Strom, Cape Girardeau, Mo., were on the brief and reply brief with Francis J. McConnell, Chicago, Ill.

Gray L. Dorsey, Chesterfield, Mo., for appellee; Hux & Green, Sikeston, Mo., were on the brief with Gray L. Dorsey, Chesterfield, Mo.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.


MATTHES, Circuit Judge.

In 1959 the State of Missouri adopted an Unfair Milk Sales Practices Act1 designed to regulate the sale of milk and related milk products by processors, distributors and non-processing retailers, all of whom are defined in Section 416.410 of the Act.

Of particular importance here are Sections 416.415 and 416.455. Section 416.415 provides in pertinent part:

"1. No processor or distributor shall,...

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