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MILK CONTROL COMM. v. PENN FRUIT CO.

410 Pa. 242 (1963)

Milk Control Commission, Appellant, v. Penn Fruit Company.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

Morey M. Myers, Chief Counsel, with him William Steerman, Assistant Attorney General, and David Stahl, Attorney General, for Milk Control Commission, appellant.

Owen B. Rhoads, with him William H. Lowery, Arlin M. Adams, and Dechert, Price & Rhoads, and Schnader, Harrison, Segal & Lewis, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.

OPINION BY MR. JUSTICE O'BRIEN, March 19, 1963:

The Milk Control Commission appeals from the final decree in equity dismissing its complaint after hearing and adjudication. The Commission invoked the provisions of the Milk Control Law, Act of April 28, 1937, P.L. 417, as amended, 31 P.S. § 700j-101 et seq., seeking to enjoin the defendants, from purchasing and receiving, handling, selling or distributing, or in any other way, handling milk in the capacity of...

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