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CHARLESTON CTY. SCHOOL DIST. v. S.C. DAIRY COM.

21145

274 S.C. 250 (1980)

262 S.E.2d 901

The CHARLESTON COUNTY SCHOOL DISTRICT and Coburg Dairy, Inc., Respondents, v. The SOUTH CAROLINA STATE DAIRY COMMISSION and Daniel R. McLeod, as Attorney General of South Carolina, Defendants, of whom Daniel R. McLeod, Attorney General, is, Appellant.

Supreme Court of South Carolina.

February 11, 1980.

Attorney(s) appearing for the Case

Deputy Atty. Gen. Victor S. Evans and Asst. Atty. Gen. Judith Evans Finuf, Columbia, for appellant.

Augustine T. Smythe, of Buist, Moore, Smythe & McGee, Charleston, for respondent Charleston County School District.

Robert L. Clement, Jr., of Young, Clement & Rivers, Charleston, for respondent Coburg Dairy, Inc.

Thomas E. McCutchen, of Whaley, McCutchen & Blanton, Columbia, for defendant S.C. Dairy Commission.

February 11, 1980.

Per Curiam:

During the summer of 1978, plaintiff Charleston County School District and plaintiff Coburg Dairy, Inc. entered into a contract providing for the sale and purchase of milk products for the school year commencing the following September. These two plaintiffs brought this action on August 24, 1978, against the South Carolina Dairy Commission and Daniel R. McLeod in his capacity as Attorney General for the State. They alleged...

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