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EASTERN MILK P. C. A. v. MILK MARKETING BD.

No. 277 C.D. 1980.

59 Pa.Commw. 168 (1981)

Eastern Milk Producers Cooperative Association, Inc., Petitioner v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent.

Commonwealth Court of Pennsylvania.

May 6, 1981.

Attorney(s) appearing for the Case

John G. Hagan, Hagan & Hagan, of counsel, Williams, Micale & Wells, for petitioner.

Daniel T. Flaherty, Jr., Chief Counsel, for respondent.

Submitted on briefs, February 3, 1981, to President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, CRAIG, MacPHAIL and PALLADINO. Judges WILKINSON, JR. and WILLIAMS, JR. did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, May 6, 1981:

Eastern Milk Producers Cooperative Association in our original jurisdiction seeks to set aside the Pennsylvania Milk Marketing Board's distribution of $180,000 in surety bond proceeds to 216 independent milk producers. The Board filed preliminary objections asserting that Eastern fails to state a cause of action. Objection sustained.

Keystone-Harmony, a licensed milk dealer, went bankrupt. During the ensuing...

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