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BOXLEY v. ALABAMA DAIRY COMMISSION

Civ. A. No. 3176-N.

360 F.Supp. 1159 (1973)

William J. BAXLEY, Attorney General of the State of Alabama, et al., Plaintiffs, v. ALABAMA DAIRY COMMISSION, an agency of the State of Alabama, et al., Defendants, Associated Milk Producers, Inc., et al., Intervenors.

United States District Court, M. D. Alabama, N. D.

July 12, 1973.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and George Beck, Deputy Atty. Gen., Montgomery, Ala., for plaintiff William J. Baxley.

Bert Nettles, Mobile, Ala., and Euel A. Screws, Jr. (Hobbs, Copeland, Franco & Screws), Montgomery, Ala., for plaintiffs Delchamps, Inc., and Stephen McDonnell.

Fred C. Folsom, Cullman, Ala., for the defendants.

Charles A. Stakely, Jr. (Rushton, Stakely, Johnston & Garrett), Montgomery, Ala., for intervenor Associated Milk Producers, Inc.

Sol E. Brinsfield, Jr., and Curtis H. Springer, Montgomery, Ala., for the other intervenors.

Before RIVES, Circuit Judge, and JOHNSON and PITTMAN, District Judges.

JOHNSON, District Judge:

This action was originally brought by a milk retailer and a consumer against the Alabama Milk Control Board and the Attorney General of Alabama [hereinafter the Attorney General], challenging the constitutionality of the Milk Control Board Act on the ground that the Act and the price fixing policies through which it was administered were unreasonable and arbitrary and, as such, a violation of the Due Process Clause of the Fourteenth Amendment...

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