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WEST LYNN CREAMERY v. COMMR OF THE DEPT OF FOOD & AGRIC.

415 Mass. 8 (1993)

611 N.E.2d 239

WEST LYNN CREAMERY, INC., & another vs. COMMISSIONER OF THE DEPARTMENT OF FOOD AND AGRICULTURE (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 15, 1993.

Attorney(s) appearing for the Case

Michael L. Altman (Margaret A. Robbins with him) for the plaintiffs.

Eric A. Smith, Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Robert J. Sherer & Francis A. DiLuna for Massachusetts Farm Bureau Federation.

Allen Tupper Brown for Massachusetts Association of Dairy Farmers & others.

Marshall M. Schribman for Massachusetts Cooperative Milk Producers Federation, Inc.

Steven J. Rosenbaum & Andrew I. Schoenholtz, of the District of Columbia, & Richard M. Zielinski, Neil V. McKittrick & Joshua M. Davis for Milk Industry Foundation.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

NOLAN, J.

The plaintiffs, West Lynn Creamery, Inc. (West Lynn), and LeComte's Dairy, Inc. (LeComte), are milk dealers licensed by the Department of Food and Agriculture (department) pursuant to G.L.c. 94A (1990 ed.).3 West Lynn is a domestic corporation with its principal place of business in Lynn. West Lynn purchases milk from producers and producer-cooperatives and sells in Massachusetts about sixty per cent of the milk purchased.

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