BABAC v. MILK MARKETING BD.


151 Pa.Commw. 579 (1992)

618 A.2d 1050

Norbert BABAC and Anne Martin Criss, Petitioners, v. PENNSYLVANIA MILK MARKETING BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 24, 1992.

Reconsideration Granted, Order Modified January 28, 1993.


Attorney(s) appearing for the Case

Thomas J. Finucane, for petitioners.

Randall N. Sears, Chief Counsel, for respondent.

Allen C. Warshaw, for intervenor Area 5 Milk Dealers.

Donn L. Snyder, for intervenor Pennsylvania Food Merchants Ass'n.

Before PALLADINO and McGINLEY, JJ., and BARRY, Senior Judge.


BARRY, Senior Judge.

Norbert Babac and Anne Martin Criss (Babac/Criss) appeal from an order of the Pennsylvania Milk Marketing Board (the Board) establishing minimum wholesale and retail prices for milk and certain milk products in the Western Milk Marketing Area 5, pursuant to the provisions of the Milk Marketing Law.1 Babac/Criss argue that the Board erred when setting the minimum wholesale price by using a delivery cost factor which...

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