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COM. EX REL. MILK M. BD. v. SUNNYBROOK D., INC.

No. 1806 C.D. 1976.

29 Pa.Commw. 210 (1977)

Commonwealth of Pennsylvania ex rel. Milk Marketing Board and on behalf of 25 Pennsylvania Milk Producers, Plaintiffs v. Sunnybrook Dairies, Inc. and Dairy Fresh Food Corp. and James W. O'Mara and James E. O'Mara and Mark K. O'Mara, Defendants.

Commonwealth Court of Pennsylvania.

March 11, 1977.

Attorney(s) appearing for the Case

Howard D. Brooks, Assistant Attorney General, with him Walter J. Sullivan, Chief Counsel, for plaintiff.

Robert L. Saunders, for defendants.

Submitted on briefs, January 13, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, March 11, 1977:

The Commonwealth, upon relation of the Milk Marketing Board, has filed an alternative complaint in law and equity alleging violations of the bonding and minimum price provisions of the Milk Marketing Law (Act), Act of April 28, 1937, P.L. 417, as amended, 31 P.S. § 700j-101 et seq. This case is presently before us on preliminary objections ordered to be submitted on briefs.

Counts I and II of the...

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