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COM. EX REL. MILK MRKT. BD. v. OHIO CAS. INS. CO.

No. 791 C.D. 1975.

25 Pa.Commw. 371 (1976)

Commonwealth of Pennsylvania ex rel. Milk Marketing Board, Plaintiff v. The Ohio Casualty Insurance Company, Defendant.

Commonwealth Court of Pennsylvania.

July 2, 1976.

Attorney(s) appearing for the Case

Howard D. Brooks, Assistant Attorney General, with him Walter J. Sullivan, Chief Counsel, for plaintiff.

Robert J. Stewart, with him Thompson J. McCullough, and Liverant, Senft and Cohen, for defendants.

Carroll F. Purdy, with him Metzger, Hafer, Keefer, Thomas and Wood, for Milk, Inc., amicus curiae.

Argued February 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, July 2, 1976:

This is an action in assumpsit brought by the Commonwealth of Pennsylvania upon relation of the Milk Marketing Board (Commonwealth) against The Ohio Casualty Insurance Company (Ohio Casualty) as surety on a milk dealer's corporate surety bond (Keystone Bond). The Keystone Dairy Company (Keystone) is the promisor on the bond and the Commonwealth is the promisee. The Commonwealth avers that $200,000 plus interest is due under the...

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