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SOUTHERN MILK SALES, INC. v. MARTIN

Nos. 89-2139, 90-1029.

924 F.2d 98 (1991)

SOUTHERN MILK SALES, INC., Plaintiff-Appellant, v. Don MARTIN, T.C. Jacoby & Company, Inc., and Northshore Milk Producers Association, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1991.

Attorney(s) appearing for the Case

James K. Robinson, Mark R. Werder, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., Mark A. Smedal, John J. McLaughlin, III (argued), D. Paul Alagia, Jr., Alagia, Day, Marshall, Mintmire & Chauvin, Louisville, Ky., for Southern Milk Sales, Inc.

Benjamin F. Yale (argued), Waynesfield, Ohio, David C. Devendorf, Port Huron, Mich., for Don Martin and Northshore Milk Producers Ass'n.

Robert D. Brignall, Michael M. Hathaway, Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore & Sills, Detroit, Mich., for T.C. Jacoby & Co., Inc.

Before MARTIN, Circuit Judge, WELLFORD, Senior Circuit Judge, and SILER, Chief District Judge.

SILER, Chief District Judge.

Southern Milk Sales, Inc. (Southern) appeals from the district court's denial of a motion for a preliminary injunction and subsequent denial of a motion for reconsideration. Southern sought equitable relief pursuant to Michigan law, Mich.Comp. Laws § 450.109, and the federal Agricultural Fair Practices Act of 1967 (AFPA), 7 U.S.C. §§ 2301-06. The district court held that Southern would not be entitled to preliminary injunctive...

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