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LA. DAIRY STABILIZATION BD. v. DAIRY FRESH CORP.

No. 80-3112 Summary Calendar.

631 F.2d 67 (1980)

LOUISIANA DAIRY STABILIZATION BOARD, Plaintiff-Appellant, v. DAIRY FRESH CORPORATION and Dairy Fresh Ice Cream Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

November 21, 1980.

Attorney(s) appearing for the Case

C. James Gelpi, Vernon Palmer, Gerald D. Wasserman, Baton Rouge, La., for plaintiff-appellant.

Stone, Pigman, Walther, Wittman & Hutchinson, John M. Landis, Michael R. Fontham, New Orleans, La., for defendants-appellees.

Before BROWN, POLITZ and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff state agency appeals from judgment invalidating state regulation insofar as affecting dairy products processed, sold and delivered out-of-state by non-Louisiana processors. 476 F.Supp. 416 (M.D. La. 1979). The appellant, the Louisiana Dairy Stabilization Board, initially filed suit seeking a declaratory judgment, 28 U.S.C. § 2201, with respect to its powers to regulate the defendant out...

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