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LILY-PENN F. S., INC. v. MILK MKT. BD.

No. 183 C.D. 1981.

84 Pa.Commw. 585 (1983)

Lily-Penn Food Stores, Inc., et al., Petitioners v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondents. Suburban Milk Dealers Association et al., Intervenors. Atlantic Processing, Inc. t/a Lehigh Valley Farms, Intervenors.

Commonwealth Court of Pennsylvania.

January 21, 1983.

Attorney(s) appearing for the Case

Kevin J. McKeon, Rose, Schmidt, Dixon & Hasley, with him, Sheldon A. Weiss, for petitioners.

Daniel T. Flaherty, Jr., Chief Counsel, with him, James J. Kutz, Deputy Attorney General, Allen C. Warshaw, Deputy Attorney General, Chief of Special Litigation, and LeRoy S. Zimmerman, Attorney General, for respondent.

Harold Swope, Duane, Morris & Heckscher, with him, J. Jackson Eaton, III, Butz, Hudders & Tallman, for intervenors.

Hearing before Judge CRAIG.

MEMORANDUM OPINION BY JUDGE CRAIG, January 21, 1983:

This proceeding is a sequel to our decision in Lily Penn Food Stores v. Milk Marketing Board, 62 Pa.Commw. 597, 437 A.2d 485 (1981), where we decided an appeal from the Pennsylvania Milk Marketing Board which, pursuant to proceedings initiated by the Suburban Milk Dealers Association (Association), had increased the minimum resale prices for milk in Area 1, Zone 2...

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