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E. MILK PRO. COOP. ASSN. v. N. FARMERS O.

455 Pa. 637 (1973)

Eastern Milk Producers Cooperative Association, Inc. v. National Farmers Organization, Inc., Appellant.

Supreme Court of Pennsylvania.

November 26, 1973.

Attorney(s) appearing for the Case

Oliver N. Hormell, with him Paul A. Simmons, and Hormell, Tempest, Bigi & Melenyzer, for appellant.

John E. Eberly, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, November 26, 1973:

The decree of the court below is modified by the deletion of the second paragraph thereof for the reason that the individual dairy producers therein referred to whose marketing contracts with the appellee have not expired, have not been made parties to this suit. As thus modified, the decree is affirmed. Costs on appellant.

Mr. Justice ROBERTS took no part in the consideration...

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