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LILY-PENN FOOD S., INC. v. PA. MILK M. BD. ET AL.

No. 2071 C.D. 1977.

42 Pa.Commw. 92 (1979)

Lily-Penn Food Stores, Inc., d/b/a Cumberland Farms, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Milk Marketing Board et al., Respondents.

Commonwealth Court of Pennsylvania.

April 18, 1979.

Attorney(s) appearing for the Case

Wayne M. Thomas, with him David H. Weinstein; Kohn, Savett, Marion & Graf; and, of counsel, Sheldon A. Weiss, for petitioner.

Daniel T. Flaherty, Chief Counsel, with him Harold Swope, and Daniels and Swope, for respondents.

Argued March 5, 1979, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 18, 1979:

On December 2, 1976, the Suburban Philadelphia Milk Dealers Association and six individual dairies (hereafter collectively referred to as respondents) petitioned the Pennsylvania Milk Marketing Board (Board) to conduct hearings on the question of whether the Southeastern Milk Marketing Area 1 (hereafter simply Area 1) should be subdivided into two marketing zones...

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