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SOUTHEAST MILK SALES ASSOCIATION, INC. v. SWARINGEN

No. C-192-G-65.

290 F.Supp. 292 (1968)

SOUTHEAST MILK SALES ASSOCIATION, INCORPORATED, Plaintiff, v. O. A. SWARINGEN, Chairman, and Wm. M. Buck, J. Everette Flora, Wade M. Hobson, Charles L. McLawhorn, Mrs. F. A. Needham, A. W. Nesbitt, Donald L. Paul, and James A. Graham, as and constituting the North Carolina Milk Commission, and the North Carolina Milk Commission, an instrumentality of the State of North Carolina, Defendants.

United States District Court M. D. North Carolina, Greensboro Division.

September 16, 1968.

Attorney(s) appearing for the Case

Welch Jordan, of Jordan, Wright & Nichols, Caffrey & Hill, Robert F. Moseley, of Moseley & Edwards, Greensboro, N. C., D. Paul Alagia, of Brown & Alagia, Louisville, Ky., George M. Warren, Bristol, Va., and T. J. O'Toole, Washington, D. C., for plaintiff.

Hubert Humphrey, of McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., and W. C. Harris, Jr., and Charles A. Poe, Holding, Harris, Poe & Cheshire, Raleigh, N. C., for defendants.

Before CRAVEN, Circuit Judge, and STANLEY and GORDON, District Judges.

GORDON, District Judge.

Plaintiff, Southeast Milk Sales Association, Incorporated (Southeast) seeks the issuance of a permanent injunction enjoining the defendant, North Carolina Milk Commission1 (Commission), its members, officers, and agents, and all others acting in active concert with them, from applying or enforcing or attempting to apply or enforce as to Southeast and its members Sections IV-A-1, IV-B-2, IV-C-1, IV-C-2, IV-E-1A,...

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