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BABAC v. MILK MARKETING BD.

140 Pa.Commw. 553 (1991)

593 A.2d 1337

Norbert BABAC and Ann Martin Criss, individually and on Behalf of all other Area 5 milk consumers, Petitioners, v. PENNSYLVANIA MILK MARKETING BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 24, 1991.

Reargument Denied August 7, 1991.

Attorney(s) appearing for the Case

Thomas J. Finucane, for petitioners.

Thomas Crowley, for respondent.

Donald Tortorice and Donn L. Snyder, for intervenors.

Before CRAIG, President Judge, DOYLE, J. (P), and BARRY, Senior Judge.

CRAIG, President Judge.

Norbert Babac and Ann Martin Criss (petitioners) appeal an order of the Milk Marketing Board that fixed prices for fluid milk and milk products in the Western Milk Marketing Area (Area 5).

The board initially adopted order A-866 on April 23, 1990, setting prices for fluid milk products in the board's Area 5. However, the petitioners appealed that order to this court, which vacated the order because of the board's failure to

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