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ARCADIA DAIRY FARMS, INC. v. N. C. MILK COM'N

No. 18.

223 S.E.2d 333 (1976)

289 N.C. 472

ARCADIA DAIRY FARMS, INC., a North Carolina Corporation v. NORTH CAROLINA MILK COMMISSION et al.

Supreme Court of North Carolina.

April 6, 1976.

Attorney(s) appearing for the Case

Robert B. Long, Jr., Asheville, for appellant.

Harris, Poe, Cheshire & Leager by W. C. Harris, Jr., Raleigh, for appellee.

LAKE, Justice.

The trial court concluded: "The Commission does have the statutory power to adopt the regulation known as Amendment No. 27 to Milk Marketing Order No. 2 requiring certain equalization payments under the circumstances prescribed in the order by licensed distributors of the Commission." For the reasons set forth in our opinion in Case No. 17, decided this day, the foregoing conclusion of the trial court is erroneous. The judgment of the Superior Court...

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