DAIRYMEN, INC. v. ALABAMA DAIRY COMMISSION

No. 78-1087.

584 F.2d 707 (1978)

DAIRYMEN, INC. and Farmbest Foods, Inc., Plaintiffs-Appellants, William J. Baxley, etc., Intervening Plaintiff-Appellant, v. ALABAMA DAIRY COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 10, 1979.


Attorney(s) appearing for the Case

Thomas S. Lawson, Jr., Montgomery, Ala., D. Paul Alagia, Charles Owen, Louisville, Ky., for Dairymen.

Erle Pettus, Jr., Birmingham, Ala., for Farmbest.

George Beck, Benjamin Cohen, Asst. Atty. Gen., Montgomery, Ala., for Baxley.

Robert M. Alton, Jr., Montgomery, Ala., for Alabama Dairy Comm.

Rushton, Stakely, Johnston & Garrett, Henry C. Chappell, Jr., Montgomery, Ala., for Associated Milk Producers.

J. David Dyson, Asst. Atty. Gen., Atlanta, Ga., for State of Georgia, Commissioner of Agriculture.

Before COLEMAN, AINSWORTH and VANCE, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 10, 1979.

VANCE, Circuit Judge.

This is a suit for declaratory judgment brought under 28 U.S.C. § 2201. Plaintiffs seek a declaration that the Alabama milk quota regulations promulgated by the Alabama Dairy Commission (ADC) violate the commerce clause of the United States Constitution. Injunctive relief is also sought.

On August 31, 1977 Farmbest Foods, Inc...

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