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ALA. DAIRY COM'N v. DELVIEW MEADOW, ETC.

SC 1814.

345 So.2d 278 (1977)

ALABAMA DAIRY COMMISSION, and Associated Milk Producers, Inc. v. DELVIEW MEADOW GOLD DIVISION, BEATRICE FOODS COMPANY, et al.

Supreme Court of Alabama.

Rehearing Denied May 20, 1977.

Attorney(s) appearing for the Case

Charles M. Crook, Montgomery, for Alabama Dairy Com'n.

Henry C. Chappell, Jr., Montgomery, for Associated Milk Producers, Inc.

Curtis H. Springer, Montgomery, for appellees.

PER CURIAM.

This appeal involves an order of the Alabama Dairy Commission which permits producers to share in the profits of sales of buttermilk made from milk powder.

Succinctly stated, Order 2-76 required that if a distributor receives surplus milk from the farmer, the distributor can use it in making buttermilk or not as he sees fit, but if he sells milk made from powder, he must pay for an equivalent portion of the farmer's surplus milk as though

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