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DAIRYLEA CO-OP. INC. v. MILK MARKETING BD.

Nos. 811 C.D. 2009, 817 C.D. 2009

3 A.3d 712 (2010)

DAIRYLEA COOPERATIVE INC.; Dairy Farmers of America, Inc.; Land O'Lakes, Inc.; Maryland and Virginia Milk Producers Cooperative Association, Inc.; Dairy Marketing Services, LLC; and Upstate Niagra Cooperative, Inc., Petitioners v. PENNSYLVANIA MILK MARKETING BOARD, Respondent. Edward G. Rendell, Governor of the Commonwealth of Pennsylvania and Dennis C. Wolff, Secretary of Agriculture of the Commonwealth of Pennsylvania, Petitioners v. Pennsylvania Milk Marketing Board, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 6, 2010.

Reargument Denied October 1, 2010.

Attorney(s) appearing for the Case

Marvin Beshore , Harrisburg, for petitioners, Dairylea Cooperative Inc.; Dairy Farmers of America, Inc.; Land O'Lakes, Inc.; Maryland and Virginia Milk Producers Cooperative Association, Inc.; Dairy Marketing Services, LLC; and Upstate Niagra Cooperative, Inc.

D. Holbrook Duer , Chief Counsel, Harrisburg, for petitioner, Commonwealth of PA.

Douglas L. Eberly , Chief Counsel, Harrisburg, for respondent.

George A. Bibikos , Harrisburg, for intervener, PA Association of Milk Dealers.

Kevin M. Lutkins , Wormleysburg, for intervenor, PA Food Merchants Association.

Wendy M. Yoviene , Washington, DC, for amicus curiae, Northeast Dairy Foods Association, Inc.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, SIMPSON, Judge, BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge McGINLEY.

Governor Edward Rendell and Dennis Wolff, Pennsylvania Secretary of Agriculture, the Pennsylvania Farm Bureau and a consortium of dairy cooperatives representing a majority of the dairy farmers in Pennsylvania, including Dairylea, Inc., Dairy Farmers of America, Inc., Dairy Marketing Services, LLC, Land-O'-Lakes, Inc., Maryland and Virginia Milk Producers Cooperative Association, Inc. and Upstate Niagara Cooperative, Inc. (collectively referred...

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