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MILK CON. COMM. v. LILY-PENN F. STORES, INC.

434 Pa. 189 (1969)

Milk Control Commission of Pennsylvania v. Lily-Penn Food Stores, Inc. et al., Appellants.

Supreme Court of Pennsylvania.

Reargued January 20, 1969.

April 23, 1969.

Attorney(s) appearing for the Case

J. Brooke Aker, with him Henry W. Rhoads, and Smith, Aker, Grossman & Hollinger, and Rhoads, Sinon & Reader, for appellant.

Harold E. Kohn, for appellant.

Anthony W. Novasitis, Jr., Assistant Attorney General, with him Edward Friedman, Counsel General, and William C. Sennett, Attorney General, for Milk Control Commission, appellee.

Willis F. Daniels, with him Daniels and Swope, for Inter-State Milk Producers' Cooperative, appellee.

Roland Morris, with him Morris Duane, John B. Martin, David D. Knoll, and Duane, Morris & Heckscher, for appellees.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, April 23, 1969:

The Milk Control Commission filed a complaint in equity, seeking to enjoin Lily-Penn Food Stores, Inc. and Cumberland Farms of New Jersey, Inc., from violations of the Pennsylvania Milk Control Act. In that case, Interstate Milk Producers Cooperative petitioned for and was granted leave to intervene as a party plaintiff. In addition, the Milk Distributors Association of the Philadelphia...

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