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SAFEWAY STORES v. BD. OF AGR. OF STATE OF HAWAII

Civ. No. 84-0166.

590 F.Supp. 778 (1984)

SAFEWAY STORES, INCORPORATED, Plaintiff, v. BOARD OF AGRICULTURE OF the STATE OF HAWAII, Hawaii Department of Agriculture, Division of Milk Control, Jack K. Suwa, as Chairman of the Board of Agriculture, Alex Napier, Jr., Richard Caldito, David Oshiro, Shoichi Nagamine, Sidney Good, Federick Galdones, Susumu Ono and Noel Kefford, individually and as members of the Board of Agriculture of the State of Hawaii, Robert T. Yara, individually and as Assistant Milk Commissioner, 50th State Dairy Farmers' Cooperative, George Freitas Dairy, Inc., Clifford Freitas, Maunawili Dairy, Ltd., Antonio Salcedo, Steven Olbrich and Janice Olbrich, co-partners doing business under the trade name and style of Huanui Dairy, a Hawaii general partnership, Louis G. Costa, dba Louis Costa Dairy, Bruce Costa, dba Five Star Dairy, Wayne Salcedo, dba Kaimi Farm; Ernest Souza, dba Lucky S. Dairy, Wayne Costa, dba Wayne's Dairy, Oahu Dairy Cooperative, Ferreira Dairy, Inc., Gertrude K. Toledo, Special Administratrix of the Estate of Robert V. Toledo, deceased, dba Toledo Twin Pine Dairy, John S. Toledo, dba Keoua Dairy, Carl Meier, dba Carl Meier Dairy, Mountain View Dairy Inc., David Wong, Jr., Richard Brazil, Fresh Milk Industry of Hawaii and James H. Koshi, Defendants.

United States District Court, D. Hawaii.

July 3, 1984.

Attorney(s) appearing for the Case

Cooper, Kirkham & McKinney, P.C., Josef D. Cooper, Kirk A. McKinney, Martin J. O'Leary, San Francisco, Cal., Wendell H. Marumoto, Honolulu, Hawaii, for plaintiff.

John Peter Uehara, Gerald Y.Y. Chang, Coral Wong Pietsch, Deputy Atty. Gen., Honolulu, Hawaii, for state defendants.

Walter G. Chuck, Steven K.S. Chung, Honolulu, Hawaii, for Gertrude K. Toledo, Special Administratrix of the Estate of Robert Toledo.

Paul Devens, Ann Kurihara, Honolulu, Hawaii, for 50th State Dairy Farmers' Co-op., George Freitas Dairy, Inc., Clifford Freitas, Maunawili Dairy, Ltd., Antonio Salcedo, Steven Olbrich and Janice Olbrich, co-partners doing business under the trade name and style of Huanui Dairy, Louis G. Costa, dba Louis Costa Dairy, Bruce Costa, dba Five Star Dairy, Wayne Salcedo, dba Kaimi Farm, Ernest Souza, dba Lucky S. Dairy, Wayne Costa, dba Wayne's Dairy, Oahu Dairy Co-op., Ferreira Dairy, Inc., John S. Toledo, dba Keoua Dairy, Carl Meier, dba Carl Meier Dairy, Mountain View Dairy Inc., David Wong, Jr., Richard Brazil, Fresh Milk Industry of Hawaii and James H. Koshi.

OPINION AND ORDER

PENCE, District Judge.

FACTS

Plaintiff Safeway Stores, Inc., owns and operates retail grocery stores throughout the country. Safeway also operates a number of plants in the mainland United States for processing and packaging dairy products, including fresh milk, cottage cheese and yogurt. Safeway routinely processes raw milk into fresh milk products, and then transports those products across state lines to its retail grocery stores...

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