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SCHWEGMANN BROS. G. S. MKTS. v. LOUISIANA MILK COM'N

No. 54056.

290 So.2d 312 (1974)

SCHWEGMANN BROTHERS GIANT SUPER MARKETS, Opponent to Injunction-Appellee-Relator, v. LOUISIANA MILK COMMISSION, Mover for Injunction-Appellant-Respondent.

Supreme Court of Louisiana.

February 18, 1974.

Attorney(s) appearing for the Case

Paul O. H. Pigman, Michael R. Fontham, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for plaintiff-applicant.

Ellis C. Magee, John V. Parker, Sanders, Miller, Downing & Kean, Baton Rouge, for defendant-respondent.

TATE, Justice.

These proceedings arise from an effort by the Louisiana Milk Commission to enforce its regulatory powers with regard to price-fixing under the Orderly Milk Marketing Law, La.R.S. 40:940.1-40:940.23 (as amended through 1972).

Briefly stated, the Commission seeks to enjoin Schwegmann Brothers from giving or offering to give refunds in connection with purchases of milk and dairy products. The trial court granted a limited injunction, but the intermediate...

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