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DAIRYMEN, INC. v. ALABAMA DAIRY COM'N

Civ. A. No. 77-445-N.

449 F.Supp. 154 (1977)

DAIRYMEN, INC., et al., Plaintiffs, William J. Baxley, etc., Intervening Plaintiff, v. ALABAMA DAIRY COMMISSION et al., Defendants.

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

December 27, 1977.

Attorney(s) appearing for the Case

D. Paul Alagia, Jr., and Charles L. Owen, Louisville, Ky., Thomas S. Lawson, Jr., Montgomery, Ala., for Dairymen, Inc.

Erle Pettus, Jr., Birmingham, Ala., for Farmbest.

Benjamin Cohen, Asst. Atty. Gen., Montgomery, Ala., for William J. Baxley, Atty. Gen. of the State of Alabama, Montgomery, Ala., intervening plaintiff.

Robert M. Alton, Jr., Montgomery, Ala., for Alabama Dairy Commission.

Henry C. Chappell, Jr., Montgomery, Ala., for Associated Milk Producers.

MEMORANDUM OPINION

VARNER, District Judge.

This cause is submitted on the pleadings and evidence offered at trial and the briefs of all parties for final judgment. This Court takes jurisdiction under 28 U.S.C. §§ 1331, 1332.

The issues now before the Court are whether Order 3-75-1 of the Alabama Dairy Commission1 is repugnant to the commerce clause, the due process clause or the equal protection clause of the...

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