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LUECK v. UNITED DAIRYMEN OF ARIZONA

No. 1 CA-CIV 9832.

162 Ariz. 232 (1989)

782 P.2d 708

Robert J. LUECK, dba R.J. Lueck Dairy, Ltd., Plaintiff Defendant Third-Party Plaintiff-Appellant, v. UNITED DAIRYMEN OF ARIZONA, an Arizona cooperative marketing association, Defendant Third-Party Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied December 5, 1989.

Attorney(s) appearing for the Case

Robbins & Green, P.A. by Robert H. Green and Brian Imbornoni, Phoenix, for plaintiff defendant third-party plaintiff-appellant.

Sydney Berde & Associates, P.A. by Sydney Berde, St. Paul, Minn., and Quarles, Brady & Fannin, P.A. by Fred G. Lemberg, Phoenix, for defendant third-party defendant-appellee.

OPINION

KLEINSCHMIDT, Judge.

Robert J. Lueck, a dairy farmer, appeals the trial court's decision granting summary judgment against him and in favor of the United Dairymen of Arizona (UDA), a cooperative milk marketing association. In broad terms, the issue on appeal is whether UDA's method of allocating the proceeds derived from the sale of its members' milk violates A.R.S. section 10-716(C). Because we interpret A.R.S. section 10-716(C) to be permissive,...

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