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NEW HAMPSHIRE MILK DEALERS' ASS'N v. N. H. MILK CONTROL BOARD.

Nos. 5489, 5491.

107 N.H. 150 (1966)

NEW HAMPSHIRE MILK DEALERS' ASSOCIATION & a. v. NEW HAMPSHIRE MILK CONTROL BOARD.

Supreme Court of New Hampshire.

Decided April 1, 1966.

Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Philip G. Peters orally), for plaintiff New Hampshire Milk Dealers' Association.

Gordon M. Tiffany (by brief) for plaintiff Granite State Dairymen's Association.

Hardy, Hall, Grimes & Murphy (of Massachusetts) (Mr. Reuben Hall orally), for plaintiff New England Milk Producers' Association.

George S. Pappagianis, Attorney General and R. Peter Shapiro, Assistant Attorney General (Mr. Shapiro orally), for defendant, in opposition to the motion.

Robert F. McNeil (of Massachusetts) for Cumberland Farms Northern, Inc. (Mr. McNeil orally), in opposition to the motion.

KENISON, C.J.

RSA 541:18 provides that an appeal from a decision of the Milk Control Board does not suspend its order but also provides "that the supreme court may order a suspension of such order pending the determination of such appeal . . . whenever, in the opinion of the court, justice may require such suspension." Pursuant to this statutory authority this court may grant a suspension of the administrative agency's order (Cumberland Farms v. Pierce,...

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