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BOSTON MILK PRODUCERS INC. v. HALPERIN

446 A.2d 33 (1982)

BOSTON MILK PRODUCERS INC. et al. v. J. L. HALPERIN et al.

Supreme Judicial Court of Maine.

Decided May 20, 1982.

Attorney(s) appearing for the Case

Petrucelli, Cohen, Erler & Cox, Joel C. Martin (orally), Portland, for plaintiffs.

Lipman, Parks, Livingston, Lipman & Katz, P. A., Roger J. Katz (orally), Sumner H. Lipman, Augusta, for intervenors.

Cabanne Howard (orally), Christine Foster, Asst. Attys. Gen., James E. Tierney, Atty. Gen., Augusta, for defendants.

Before McKUSICK, C. J., and GODFREY, NICHOLS, ROBERTS, CARTER and VIOLETTE, JJ.

GODFREY, Justice.

An exaction called the "milk tax" has been imposed in Maine since 1953.1 36 M.R. S.A. ch. 707. The tax is levied on dealers, who may collect it from milk producers by deducting the amount of the tax from the purchase price. 36 M.R.S.A. §§ 4505, 4506. The revenue is used by the Maine Dairy Promotion Board (formerly the Maine Milk Tax Committee) for collection and enforcement of the tax itself and for promotion...

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