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KENTUCKY MILK MKTG. & ANTI-MON. COM'N v. BORDEN CO.

456 S.W.2d 831 (1969)

The KENTUCKY MILK MARKETING AND ANTI-MONOPOLY COMMISSION, Appellants, v. The BORDEN COMPANY and Cedar Hill Farms, Inc., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 19, 1970.

Attorney(s) appearing for the Case

Lawrence W. Grause, Deters & Grause, Covington, for appellants.

William B. Gess, Gess, Mattingly, Saunier & Atchinson, Lexington, Morris Weintraub, Charles J. Schear, Newport, for appellees.

Lynn C. Paulson, Gen. Counsel for National Independent Dairies Assn., Washington, D. C., D. Paul Alagia, Jr., Brown, Miller & Alagia, Jack Q. Heath, Louisville, Thomas F. Marshall, Joseph J. Leary, Rudy Yessin, Frankfort, amicus curiae.

OSBORNE, Judge.

This is a declaratory judgment action instituted for the purpose of testing the constitutionality of KRS 260.675 to 260.760, commonly referred to as the Kentucky Milk Act. The action also seeks to enjoin the Milk Marketing Commission, which is created by the Act, from enforcing its administrative regulations on the grounds that the Act is unconstitutional, thereby rendering the regulations invalid. It is also alleged that even if the Act were constitutional...

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