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  5. 32 Pa.Commw. 313 (1977)
 

COM. EX REL. MILK M. BD. v. SUNNYBROOK D., INC.

No. 1806 C.D. 1976.

32 Pa.Commw. 313 (1977)

Commonwealth of Pennsylvania ex rel. Milk Marketing Board and on behalf of 25 Pennsylvania Milk Producers, Plaintiff v. Sunnybrook Dairies, Inc., Dairy Fresh Food Corp., James W. O'Mara, James E. O'Mara and Mary K. O'Mara, Defendants.

Commonwealth Court of Pennsylvania.

November 2, 1977.

Attorney(s) appearing for the Case

Walter J. Sullivan, Chief Counsel, for plaintiff.

Charles E. Wasilefski, with him Hurwitz, Klein, Benjamin & Angino, for defendants.

Submitted on briefs, September 15, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, November 2, 1977:

We are here concerned with preliminary objections of plaintiff, Milk Marketing Board (Board), to a counterclaim by defendant, Sunnybrook Dairies, Inc. (Sunnybrook),1 to the Board's complaint alleging violations by Sunnybrook of the Milk Marketing Law.2

The facts giving rise to the instant dispute...

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