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MILK MRKG. BD. v. LEHIGH COOP. FARM., ET AL.

No. 76 C.D. 1975.

21 Pa.Commw. 525 (1975)

Commonwealth of Pennsylvania Milk Marketing Board v. Lehigh Valley Cooperative Farmers, Inc., Appellant. Reba Stilman, Intervening Appellee.

Commonwealth Court of Pennsylvania.

November 6, 1975.

Attorney(s) appearing for the Case

James G. Rosenberg, with him Norman R. Bradley, and Saul, Ewing, Remick & Saul, for appellant.

Howard D. Brooks, Assistant Attorney General, with him Walter J. Sullivan, Assistant Attorney General, for appellee.

Edward Unterberger, with him, of counsel, Gold, Bowman & Korman, for intervening appellee.

Argued September 11, 1975, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, November 6, 1975:

This is an appeal from the final order of the Milk Marketing Board deciding that Lehigh Valley Cooperative Farmers, Inc. (Lehigh) is not entitled to benefit from a bond filed by Stil-Best Co. for the payment due on sour cream Stil-Best Co. purchased from Lehigh. The bond had been filed pursuant to the requirements of Section 501 of the Milk Control Law, Act of April 28, 1937, P.L. 417, as amended, 31 P.S. §...

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