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CITY OF PGH. ET AL. v. MILK MARKETING BD.

No. 2945 C.D. 1980.

60 Pa.Commw. 422 (1981)

City of Pittsburgh and Mayor Richard S. Caliguiri, Petitioners v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent. R. Bruce Fike & Sons Dairy, Inc. et al., Intervenors.

Commonwealth Court of Pennsylvania.

July 8, 1981.

Attorney(s) appearing for the Case

Marvin A. Fein, Associate City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for petitioners.

Daniel T. Flaherty, Jr., Chief Counsel, for respondent.

Harry Polikoff, for intervenor, R. Bruce Fike & Sons Dairy, Inc.

Willis F. Daniels and Harold W. Swope, Duane, Morris & Heckscher, with them Carroll F. Purdy, Thomas & Thomas, for intervenors, Greater Pittsburgh Dairy Industry Association, Brookfield Dairy, Division of Hawthorn Mellody, Inc., Carl Colteryahn Dairy, Inc., Marburger Farm Dairy, Inc., Meadow Brook Dairy Co., Schneider's Dairy, Inc., Taylor Milk Co., Inc., and Turner Dairy Farm, Inc.

Argued May 5, 1981, before President Judge CRUMLISH and Judges MENCER, BLATT, CRAIG and MacPHAIL. Judges ROGERS, WILLIAMS, JR. and PALLADINO did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, July 8, 1981:

The City of Pittsburgh appeals an order of the Milk Marketing Board raising minimum milk prices by $.05 per gallon in 15 western Pennsylvania counties. We reverse and remand.

On July 23, 1980, the Milk Marketing Board held hearings to review the minimum milk prices for the Western Milk Marketing Area. Testimony was presented by an accountant who represented seven independent dealers. Based upon the dealers...

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