KENTUCKY MILK MARKETING v. KROGER CO.


691 S.W.2d 893 (1985)

KENTUCKY MILK MARKETING AND ANTIMONOPOLY COMMISSION, Commonwealth of Kentucky, Niels O. Ewing, Bob J. Rickard, Lloyd Cassity, Leslie Manley, Kenneth Rushing and James E. Claycomb, Appellants, v. The KROGER COMPANY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied July 3, 1985.


Attorney(s) appearing for the Case

John B. Baughman, Hazelrigg and Cox, Frankfort, John S. Palmore, Henderson, for appellants.

O. Grant Bruton, Kenneth S. Handmaker, C. Kent Hatfield, and Kendrick R. Riggs, Middleton & Reutlinger, Louisville, for appellee.


STEPHENS, Chief Justice.

The basic issue we resolve on this appeal is the constitutionality of the so-called Kentucky Milk Marketing Law, KRS 260.675 to KRS 260.760, (1960).1

PROCEDURAL HISTORY

On September 18, 1982, the Commission, following a hearing, entered an order which found Kroger in violation of KRS 260.7052 and levied a $4,500 fine against...

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