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BALTIMORE BANK, ETC. v. FARMERS CHEESE CO-OP.

No. 79-1688.

612 F.2d 151 (1979)

BALTIMORE BANK FOR COOPERATIVES, Appellant, v. FARMERS CHEESE COOPERATIVE and Commonwealth of Pennsylvania, Milk Marketing Board.

United States Court of Appeals, Third Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Kenneth P. Simon, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

H. Woodruff Turner, George M. Cheever, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for appellee Farmers Cheese Co-op.

Daniel T. Flaherty, Jr., Harrisburg, Pa., for appellee Com. of Pa. Milk Marketing Bd.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and WEINER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Baltimore Bank for Cooperatives appeals from an order of the District Court for the Western District of Pennsylvania that sustained a jury verdict in favor of Farmers Cheese Cooperative. Baltimore Bank contends that the district court erred in permitting the jury to decide whether a written transaction constituted a sale or a consignment of milk. We conclude that the district court erred and...

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