ALBERTSON'S INC. v. DEPT. OF BUS. REG.

No. 14753.

601 P.2d 43 (1979)

ALBERTSON'S INC., a corporation, Petitioner and Respondent, v. DEPARTMENT OF BUSINESS REGULATION, an agency for the State of Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided October 11, 1979.


Attorney(s) appearing for the Case

Harrison, Loendorf & Poston, James T. Harrison, Jr., argued, Helena, for respondent and appellant.

Hooks & Budewtiz, Patrick F. Hooks, Townsend, argued, for petitioner and respondent.


HASWELL, Chief Justice.

The question in this appeal is whether the Montana Milk Control Act prohibits a retail grocery chain from purchasing raw milk from a licensed Montana milk distributor, transporting it to its Wyoming plant for processing, and distributing it to its Montana stores for retail sale under its private brand name. The District Court held this proposed activity permissible. We affirm.

Albertson's is a food chain with six retail stores in Montana...

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