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CLOVERLAND-GREEN SPRING DAIRIES INC. v. PA MILK MARKET. BD.

No. 05-2336.

462 F.3d 249 (2006)

CLOVERLAND-GREEN SPRING DAIRIES, INC., Appellant Thomas E. McGlinchey; Gertrude Giorgini; Sue A. Spigler, ("Milk Consumers") (Intervenors in D.C.) v. PENNSYLVANIA MILK MARKETING BOARD; Boyd Wolff, in his capacity as member of the Board; Luke F. Brubaker, Individually and as member of the Board; Barbara Grumbine, in her capacity as member of the Board; Boyd Wolff, Individually; Barbara Grumbine, Individually, Pennsylvania Association of Milk Dealers (Intervenors in D.C.).

United States Court of Appeals, Third Circuit.

Opinion Filed September 1, 2006.

Attorney(s) appearing for the Case

Scott T. Wyland, (Argued), Kevin J. McKeon, Hawke, McKeon, Sniscak & Kennard, Garrisburg, PA, for Appellant.

Wendy M. Yoviene, Charles M. English, Jr., (Argued), Glenn C. Kennett, Thelen, Reid & Priest LLP, Washington, D.C., for Appellees.

Allen C. Warshaw, Buchanan Ingersoll & Rooney, Harrisburg, PA, for Intervenors PA Assoc. of Milk Dealers.

Before AMBRO, FUENTES and NYGAARD, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

This case, on appeal for the second time to our Court, concerns whether Pennsylvania's minimum wholesale prices for fluid milk violate the dormant Commerce Clause of our Constitution. In our first opinion, we held that the District Court improperly granted summary judgment to the Pennsylvania Milk Marketing Board ("Board"),1 and remanded to the District Court for a trial. See Cloverland...

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