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WALKER v. BRUNO'S, INC.

650 S.W.2d 357 (1983)

William H. WALKER, III, Commissioner, Department of Agriculture, State of Tennessee, Plaintiff-Appellant, v. BRUNO'S, INC., et al., Defendants-Appellees.

Supreme Court of Tennessee, at Knoxville.

April 25, 1983.

Attorney(s) appearing for the Case

William J. Haynes, Deputy Atty. Gen., Barry Turner, Asst. Atty. Gen., Nashville, for plaintiff-appellant; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

Thomas A. Harris and David F. Hensley, Chattanooga, for Bruno's, Inc. and Consumer Warehouse Foods, Inc.

W. Ferber Tracy, Chattanooga, for Kroger Co., Inc.

William T. Alt, Chattanooga, for Golden Gallon, Inc.

Carlos C. Smith, Chattanooga, for Red Food Stores, Inc.

OPINION

HARBISON, Justice.

These consolidated cases involve enforcement proceedings under the state "Unfair Milk Sales Act," T.C.A. §§ 52-331 to -334. An evidentiary hearing was held upon application of the Tennessee Department of Agriculture for a preliminary injunction. The injunction was denied. The parties thereafter submitted the record of that hearing along with supplemental materials for disposition of a motion for summary judgment filed...

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