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CHERRY GROWERS, INC. v. AG. MKTG. BD.

Docket Nos. 216917, 217396, 218400 and 218584.

610 N.W.2d 613 (2000)

240 Mich. App. 153

Cherry Growers, Inc., Appellant, v. Michigan Processing Apple Growers, Inc., a Division of Michigan Agricultural Cooperative Marketing Association, Inc., Appellee. Michigan Processing Apple Growers, Inc., a Division of Michigan Agricultural Cooperative Marketing Association, Inc., Plaintiffs, v. Cherry Growers, Inc., Defendant. CHERRY GROWERS, INC., Plaintiff-Appellee, v. Michigan AGRICULTURAL MARKETING AND BARGAINING BOARD, Defendant-Appellant, and Michigan Processing Apple Growers, Inc., a Division of Michigan Agricultural Cooperative Marketing Association, Inc., Intervening-Defendant. Cherry Growers, Inc., Plaintiff-Appellee, v. Michigan Processing Apple Growers, Inc., a Division of Michigan Agricultural Cooperative Marketing Association, Inc., Defendant-Appellant, and Michigan Agricultural Marketing and Bargaining Board, Defendant.

Court of Appeals of Michigan.

Decided March 3, 2000, at 9:25 a.m.

Released for Publication May 22, 2000.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by William K. Holmes and Edward J. Bardelli), Grand Rapids, for Cherry Growers, Inc.

White, Przybylowicz, Schneider & Baird, P.C. (by James J. Chiodini and James A. White), Okemos, for Michigan Processing Apple Growers, Inc., a division of Michigan Agricultural Cooperative Marketing Association, Inc.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Randall Whitworth, Assistant Attorney General, for the Agricultural Marketing and Bargaining Board.

Before McDONALD, P.J., and DOCTOROFF and NEFF, JJ.

NEFF, J.

In these consolidated cases, all involving the same three parties, we are presented issues of jurisdiction and statutory construction under the Agricultural Marketing and Bargaining Act (hereafter the AMBA or the act), M.C.L. § 290.701 et seq.; MSA 12.94(101) et seq., to determine whether Cherry Growers, Inc. (CGI), is subject to the mandatory bargaining and arbitration provisions of the act...

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