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CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD

No. 82-104.

446 A.2d 381 (1982)

CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD.

Supreme Court of Vermont.

April 2, 1982.

A. Motion to stay enforcement/implementation of Milk Control Board Rule, DENIED.

B. Appellee's motion to dismiss for lack of jurisdiction is GRANTED:

1. The proceeding below was rule making in nature and not a contested case under 3 V.S.A. Chapter 25. Accordingly, this Court is without jurisdiction.

2. Appellant failed to apply to the Milk Control Board for a rehearing. 6 V.S.A. § 2931(b), and this Court is without...

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