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MAINE MILK PRODUCERS v. COM'R OF AGRICULTURE

483 A.2d 1213 (1984)

MAINE MILK PRODUCERS, INC. et al. v. COMMISSIONER OF AGRICULTURE, FOOD AND RURAL RESOURCES.

Supreme Judicial Court of Maine.

Decided October 31, 1984.

As Amended on Denial of Motion for Reconsideration December 5, 1984.

Attorney(s) appearing for the Case

Linda Smith Dyer (orally), Augusta, for plaintiffs.

H. Cabanne Howard (orally), Jeffrey Frankel, Asst. Attys. Gen., Augusta, Drummond, Woodsum, Plimpton & MacMahon, P.A., Richard A. Spencer (orally), Kathleen Barry, Portland, for appellee.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

McKUSICK, Chief Justice.

Maine Milk Producers, Inc., a membership corporation of dairy farmers who sell their milk to Maine dealers, and Harold Brown, one of its members, filed suit on May 17, 1984, in the Superior Court (Kennebec County) challenging the validity of P.L.1983, ch. 573, "AN ACT Creating a Maine Milk Pool" (the "Milk Pool Act"), on the grounds that it is a tax measure that is unconstitutional under art. I, § 6-A, and art. IX, § 8 of the Maine...

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