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BILTMORE CO. v. HAWTHORNE

No. 7628SC811.

233 S.E.2d 606 (1977)

32 N.C. App. 733

The BILTMORE COMPANY v. Herbert C. HAWTHORNE et al.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Adams, Hendon & Carson, P. A. by George Ward Hendon and George Saenger, Asheville, for plaintiff-appellant.

Harris, Poe, Cheshire & Leager by W. C. Harris, Jr., Raleigh, for defendants-appellees.

VAUGHN, Judge.

We have concluded that plaintiff should have exhausted the administrative remedies available to it instead of instituting this suit against the individuals named in the complaint. The Milk Marketing Order set out in the complaint was adopted and has been in effect since 1 October 1967. It seems to us that plaintiff's attack is really directed at the interpretation of the order by the executive director of the North Carolina Milk Commission, (an entity...

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