MILNOT CO. v. DOUGLAS

Civ. A. No. 77-2526.

452 F.Supp. 505 (1978)

MILNOT COMPANY, a Delaware Corporation, Plaintiff, v. Gus R. DOUGLAS, Commissioner, West Virginia Department of Agriculture, and West Virginia Department of Agriculture, Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

June 16, 1978.


Attorney(s) appearing for the Case

Willis O. Shay, Clarksburg, W. Va., for plaintiff.

Thomas H. Vanderford, IV, Charleston, W. Va., for defendants.


MEMORANDUM OPINION

DENNIS R. KNAPP, Chief Judge.

Plaintiff Milnot Company instituted this action praying for a preliminary and permanent injunction enjoining defendants from embargoing or otherwise restricting the marketing in this state of Milnot Dairy Vegetable Blend (Milnot), a food product produced by plaintiff.

In November, 1977, defendants embargoed and removed from three Kroger stores in Parkersburg, West Virginia, a substantial quantity of...

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