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CORE-MARK INTERN. v. MONT. BD. OF LIVESTOCK

No. DA 13-0595.

329 P.3d 1278 (2014)

2014 MT 197

CORE-MARK INTERNATIONAL, INC., Petitioner and Appellant, v. MONTANA BOARD OF LIVESTOCK and Montana Department of Livestock, Respondents and Appellees, and Dean Foods d/b/a Meadow Gold Dairies, and Montana Milk Producers Association, Intervenors.

Supreme Court of Montana.

Decided July 24, 2014.

Attorney(s) appearing for the Case

For Appellant: Trent N. Baker ; Datsopoulos, MacDonald & Lind, PC; Missoula, Montana.

For Appellees: Robert Stutz ; Agency Legal Services Bureau; Helena, Montana (for Montana Board of Livestock and Montana Department of Livestock), Jock O. Anderson ; Gough, Shanahan, Johnson & Waterman, PLLP; Helena, Montana (for Dean Foods d/b/a Meadow Gold Dairies), Mark D. Meyer ; Ugrin Alexander Zadick & Higgins; Great Falls, Montana (for Montana Milk Producers Association).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Core-Mark International, Inc. (Core-Mark) appeals the order of the First Judicial District Court, Lewis and Clark County, affirming the decision of the Montana Board of Livestock (Board) to retain the administrative rule prohibiting the sale of milk in Montana more than 12-days after pasteurization (12-day Rule). The Board held a two-part administrative proceeding regarding Core-Mark's petition to amend...

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