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MILK MKT. BD. OF COM. v. U. DAIRY FARM. C.A.

450 Pa. 497 (1973)

Milk Marketing Board of Commonwealth v. United Dairy Farmers Cooperative Association et al., Appellants.

Supreme Court of Pennsylvania.

January 19, 1973.

Attorney(s) appearing for the Case

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

Eugene B. Strassburger, III, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for intervening appellants.

Stanley Weinberg, with him Peter D. Jacobson, for additional intervening appellants.

Charles M. Guthrie, Assistant Attorney General, with him Thomas J. Oravetz and Theodore A. Adler, Deputy Attorneys General, Walter J. Sullivan, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Willis F. Daniels, with him Daniels and Swope, for intervening appellees.

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

OPINION PER CURIAM, January 19, 1973:

Preliminary injunction decree granted by Commonwealth Court affirmed by an evenly divided Court.

Mr. Justice POMEROY took no part in the consideration or decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE BY MR. CHIEF JUSTICE JONES:

This appeal presents yet another challenge to the minimum retail pricing provisions of the Milk Marketing Law.

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