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CONTRACTOR'S CRANE SERV. v. VT. WHEY ABATEMENT

No. 83-155.

519 A.2d 1166 (1986)

CONTRACTOR'S CRANE SERVICE, INC. v. VERMONT WHEY ABATEMENT AUTHORITY, Vermont Whey, Inc., State of Vermont, Cabot Farmers Co-operative Creamery, Inc., International Cheese Co., Inc., Lucille Farm Products, Inc., Wells River Creamery, Inc. and Kraft Foods, Inc.

Supreme Court of Vermont.

November 14, 1986.

Attorney(s) appearing for the Case

Edward J. Tyler III and Steven W. Wechsler of Tyler, Bruce & Brooks, St. Albans, for plaintiff-appellee.

Gibson, Noble & Goodrich, Montpelier, for defendant-appellant Cabot Farmers Co-op. Creamery, Inc.

Edwin W. Free, Jr., of Richard E. Davis Associates, Inc., Barre, for defendant-appellant International Cheese Co.

Andrew R. Field, Montpelier, for defendant-appellant Lucille Farm Products.

Before ALLEN, C.J., and HILL, GIBSON and HAYES, JJ., and DALEY, J. (Ret.), Specially Assigned.

GIBSON, Justice.

This is an appeal of a judgment for plaintiff in a cause of action for breach of contract.1 We affirm.

Liquid whey is a waste by-product of the manufacture of cheese. In years past, Vermont cheese producers disposed of their whey by discharging it into the ponds and streams of the state. This polluted those waters and ultimately "aroused widespread public concern." 1971, No. 83, § 2. Responding to this concern...

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