KENLEY v. SOLEM

Record No. 860559.

375 S.E.2d 532 (1989)

James B. KENLEY, M.D., etc., et al. v. Christine SOLEM.

Supreme Court of Virginia.

January 13, 1989.


Attorney(s) appearing for the Case

John B. Purcell, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., J. Steven Shepherd, III, Asst. Atty. Gen., on brief), for appellants.

John C. Lowe (Lowe & Jacobs, Ltd., on brief), Charlottesville, for appellee.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL, THOMAS, and WHITING, JJ.


WHITING, Justice.

In this appeal, we revisit Christine Solem's effort to supply unpasteurized goats' milk to other people without violating a regulation of the Department of Agriculture and Consumer Services forbidding the sale of such milk.

In 1970, the Department, authorized by Code §§ 3.1-530.1 to -530.9 to promulgate "Rules and Regulations Governing the Production, Processing and Sale of Grade `A' Pasteurized Market Milk Products," promulgated...

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