DEPARTMENT OF COMMERCE v. GALLATIN DAIRIES

No. 85-600.

719 P.2d 790 (1986)

STATE of Montana, DEPARTMENT OF COMMERCE, Plaintiff and Respondent, v. GALLATIN DAIRIES, INC., a Montana general cooperative association, and Associated Food Stores, Inc., a Utah corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided June 5, 1986.


Attorney(s) appearing for the Case

Cok & Wheat, Michael D. Cok, argued, Bozeman, for Gallatin, Dairies, Inc.

Crowley Law Firm, James P. Sites, Billings, for Assoc. Food Stores, Inc.

Geoffrey Brazier, argued, Dept. of Commerce, Helena, for plaintiff and respondent.


HUNT, Justice.

Gallatin Dairies (Gallatin) and Associated Food Stores (Associated) appeal the order of the Lewis and Clark County District Court holding that Associated could not purchase milk at jobber prices in Montana.

We affirm.

The appellants raise the following issues on appeal:

1. Did the District Court err in denying appellants' motion to dismiss based upon collateral estoppel?

2. Did...

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