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UNITED DAIRY FARM. COOP. ASS'N v. MILK CON. COM'N OF PA.

Civ. No. 69-235.

335 F.Supp. 1008 (1971)

UNITED DAIRY FARMERS COOPERATIVE ASSOCIATION, Plaintiff, v. MILK CONTROL COMMISSION OF the COMMONWEALTH OF PENNSYLVANIA and its chairman, J. Lin Huber, et al., Defendants.

United States District Court, M. D. Pennsylvania.

April 13, 1971.

Attorney(s) appearing for the Case

Tempest & Simmons, Monongahela, Pa., for plaintiff.

William C. Sennett, Atty. Gen., and Charles M. Guthrie, Asst. Atty. Gen. of Pennsylvania, Harrisburg, Pa., for defendants.

Daniels & Swope, Harrisburg, Pa., for Aupke's Dairy, Pittsburgh, Pa., and others (37 firms engaged in the processing and distribution of milk products in the Com. of Pa.), as amici curiae.

Before HASTIE, Chief Judge, and SHERIDAN and NEALON, District Judges.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION

PER CURIAM.

The plaintiff, United Dairy Farmers Cooperative Association, has instituted this action to enjoin the defendants, The Pennsylvania Milk Control Commission,1 and its members, and the Attorney General of Pennsylvania,2 from imposing certain sanctions by reason of plaintiff's sale of milk at retail prices which are allegedly

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