CLOVERLAND-GREEN SPRING DAIRIES, INC.
v.
PENNSYLVANIA MILK MARKETING BOARD; Beverly R. Minor, Individually and as members of the Board; Luke F. Brubaker; J. Robert Derry, Individually and as members of the Board, Thomas E. McGlinchey; Gertrude Giorgini; Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs,
Cloverland-Green Spring Dairies, Inc., Appellant.
*(Amended per Clerk's Order filed 10/3/01)
Cloverland-Green Spring Dairies, Inc.
v.
Pennsylvania Milk Marketing Board; Beverly R. Minor, Individually and as chairperson of the Board; Luke F. Brubaker; J. Robert Derry, Individually and as members of the Board, Thomas E. McGlinchey; Gertrude Giorgini; Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs,
Thomas E. McGlinchey; Gertrude Giorgini; Sue A. Spigler, Individually, and on behalf of milk consumers in PMMB Areas #1 and #4, Appellants.
*(Amended per Clerk's Order filed 10/3/01)
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 5, 2002.
Filed July 24, 2002.
Attorney(s) appearing for the Case
Kevin J. McKeon, Malatesta, Hawke & McKeon, Harrisburg, PA, Sheldon A. Weiss, (argued), Mountainside, NJ, for appellant/cross appellee Cloverland-Green Spring Dairies, Inc.
Thomas J. Finucane, (argued), Chambersburg, PA, D. Michael Fisher, Attorney General of Pennsylvania, Gwendolyn T. Mosley, (argued), Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief Appellate Litigation Section, Office of Attorney General of Pennsylvania, Harrisburg, PA, for appellees/cross appellants.
Allen C. Warshaw, (argued), Duane, Morris & Heckscher, Harrisburg, PA, for appellee Pennsylvania Association of Milk Dealers.
Before: SLOVITER, and AMBRO, Circuit Judges POLLAK, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
AMBRO, Circuit Judge.
The primary issue in this case is whether the dormant Commerce Clause allows a state to impose wholesale price floors that shield in-state businesses from more efficient out-of-state competitors. Under the circumstances presented here, we hold that it does not.
Federal milk marketing orders fix minimum prices (or price floors) for milk producers' sales in most of...
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