LILY PENN FOOD S., INC. ET AL. v. MILK M. BD.

No. 183 C.D. 1981.

62 Pa.Commw. 597 (1981)

Lily Penn Food Stores, Inc. and Joan Arnone, individually and on behalf of Area 1, Zone 2 Milk Consumers, Petitioners v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent. Suburban Milk Dealers Association et al., Intervenors.

Commonwealth Court of Pennsylvania.

November 25, 1981.


Attorney(s) appearing for the Case

James R. Morgan, Jr., with him Walter W. Wilt, Hepford, Swartz, Menaker & Wilt, Sheldon A. Weiss and Wayne M. Thomas, Kohn, Savett, Marion & Graf, P.C., for petitioners.

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

Harold W. Swope, Duane, Morris & Heckscher, with him J. Jackson Eaton, III, Butz, Hudders & Tallman, for intervenors.

Argued September 15, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, CRAIG, MacPHAIL and PALLADINO.


OPINION BY JUDGE CRAIG, November 25, 1981:

Lily Penn Food Stores, Inc. and Joan Arnone, individually and on behalf of all Area 1, Zone 21 milk consumers, petition for review of the Pennsylvania Milk Marketing Board's order A-837, which increased minimum resale prices for whole, lowfat and skim milk by twelve cents per gallon.2

The price increase...

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