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COLLIER v. ROTH

No. 9305.

515 S.W.2d 829 (1974)

Jack L. COLLIER d/b/a Collier's Dairy Products Company, Plaintiff-Respondent, v. Wilfred E. ROTH d/b/a Wimpy's I. G. A. Foodliner, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied October 23, 1974.

Application to Transfer Denied December 16, 1974.

Attorney(s) appearing for the Case

J. Richard Roberts, Dearing, Richeson, Roberts & Wegmann, Hillsboro, for defendant-appellant.

James S. Newberry, Columbia, Edward F. O'Herin, Malden, for plaintiff-respondent.

STONE, Judge.

This is the fourth appellate chapter in a marathon judicial serial which began its run in 1962 when the State Commissioner of Agriculture instituted an action against Wilfred E. Roth d/b/a Wimpy's I.G.A. Foodliner, a nonprocessing retailer of milk as defined in the Unfair Milk Sales Practices Act (hereinafter the Act) [§ 416.410(10)],1 to enjoin alleged illegal practices of defendant Roth in selling milk below his cost...

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