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STATE DAIRY COMM. OF S.C. v. PET, INC.

22177

283 S.C. 359 (1984)

324 S.E.2d 56

STATE DAIRY COMMISSION OF SOUTH CAROLINA and Steven W. Hamm, Consumer Advocate for the State of South Carolina, Appellants, v. PET, INC., d/b/a Spartanburg Dairy, Inc.; Pet, Incorporated-Dairy Division; Superbrand Dairy Products, Incorporated; Regis Milk Company; Coburg Dairy, Inc.; Flav-O-Rich, Inc.; Dairymen, Inc.; Palmetto Milk Producers, Respondents.

Supreme Court of South Carolina.

Decided November 2, 1984.

Attorney(s) appearing for the Case

Thomas E. McCutchen, Herbert W. Hamilton, Asst. Atty. Gen., Clifford O. Koon, Jr., Columbia, for State Dairy Commission of South Carolina.

Raymon E. Lark, Jr., Steven W. Hamm, Columbia, for S.C. Department of Consumer Affairs for the appellant Consumer Advocate.

Young, Clement, Rivers & Tisdale, Charleston, for Coburg Dairy, Inc.

Charles P. Milford, Jr., Jacksonville, Fla., and John A. Martin, Winnsboro, for Superbrand Dairy Products, Inc.

McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, for Pet, Inc.

O. Eugene Savedge, Charleston, for Regis Milk Company; Venable Vermont, Spartanburg and Barnett & Alagia, Louisville, Ky., for Dairymen, Inc. and Flav-O-Rich, Inc.

Robert C. Lake, Whitmire, for Palmetto Milk Producers.

Russell W. Templeton, Columbia, amicus curiae for South Carolina Farm Bureau.

William P. Farthing, Jr., of Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., amicus curiae for MidState Milk Producers Association, Inc.

Heard Oct. 2, 1984.

Decided Nov. 2, 1984.

NESS, Justice:

The State Dairy Commission of South Carolina and Consumer Advocate for South Carolina appeal the Circuit Court's order declaring unconstitutional the Dairy Commission's authority to regulate the price of milk paid by distributors to South Carolina producers. The Circuit Court held that the dairy industry at the producer level is not affected with the public interest, and further that the Commission...

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