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CUMBERLAND FARMS, INC. v. LaFAVER

No. 93-2066.

33 F.3d 1 (1994)

CUMBERLAND FARMS, INC., Plaintiff, Appellant, v. John LaFAVER, et al., Defendants, Appellees, Boston Milk Producers, Inc., Wayne Hapsworth, Priscilla Rowbotham, Agri-Mark, Inc., Harold Larrabee and Adrian Wadsworth, Intervenors, Appellees.

United States Court of Appeals, First Circuit.

Decided August 24, 1994.

Attorney(s) appearing for the Case

Joel C. Martin, James B. Haddow, Petruccelli & Martin, and Sheldon A. Weiss on brief, for appellant.

Janet M. McClintock, Asst. Atty. Gen., Michael E. Carpenter, Atty. Gen., and Cabanne Howard, First Asst. Atty. Gen., on brief, for appellees.

Jerrol A. Crouter, Richard A. Spencer, Drummond Woodsum Plimpton & MacMahon on brief for Boston Milk Producers, Inc., Wayne Hapsworth, Priscilla Rowbotham, Agri-Mark, Inc., Harold Larrabee and Adrian Wadsworth.

Before SELYA, BOUDIN, and STAHL, Circuit Judges.

PER CURIAM.

The Maine Dairy Farm Stabilization Act, 36 Me.Rev.Stat.Ann. tit. 36, §§ 4541-4547 (West Supp.1993), imposes a tax on all packaged fluid milk sold in Maine irrespective of the origin of the milk, but only Maine dairy farmers are eligible for what amounts to a rebate from the Maine Dairy Farm Stabilization Fund. Cumberland Farms, which sells to Maine consumers milk produced by out-of-state dairy farmers, filed suit against various Maine officials...

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