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SCHWEGMANN GIANT SUPER MKTS. v. LA. DAIRY, ETC.

No. 14472.

413 So.2d 915 (1982)

SCHWEGMANN GIANT SUPER MARKETS and Delchamps, Inc. v. LOUISIANA DAIRY STABILIZATION BOARD.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 25, 1982.

Attorney(s) appearing for the Case

John M. Landis, Michael R. Fontham and Walter W. Christy, New Orleans, for plaintiffs-appellants Schwegmann Giant Super Markets & Delchamps, Inc.

Winston Riddick and Robert S. Leake, Baton Rouge, for defendant-appellee Louisiana Dairy Stabilization Bd.

Before COVINGTON, LOTTINGER, COLE, WATKINS and CHIASSON, JJ.

COLE, Judge.

The main issue presented is whether or not La.R.S. 40:931.13 D (also referred to as the amendment to rule 12.9 of the Dairy Stabilization Board) is unconstitutional as a restraint on interstate commerce. After carefully considering the matter we conclude the statute, as applied, is unconstitutional. We therefore reverse the decision of the trial court on that issue.

In order to understand fully this controversy it is necessary that we supply...

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