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EAST. MILK PROD. COOP. A. v. MILK M. BD.

No. 1015 C.D. 1983.

84 Pa.Commw. 193 (1984)

Eastern Milk Producers' Cooperative Association, Inc., v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent.

Commonwealth Court of Pennsylvania.

July 25, 1984.

Attorney(s) appearing for the Case

Henry B. Fitzpatrick, Jr., with him, Marcy B. Tanker, Liebert, Short, Fitzpatrick & Lavin, and Frederick J. Micale, Williams, Micale & Wells, for petitioner.

Mollie A. McCurdy, Deputy Attorney General, with her, Allen C. Warshaw, Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued March 13, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, BARRY and COLINS.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., July 25, 1984:

Eastern Milk Producers' Cooperative Association, Inc. (Eastern) appeals a Milk Marketing Board (Board) order which certified the payment to Eastern of a claim from the Milk Producers and Cooperative Security Fund.1 We affirm in part and reverse in part.

In 1982, Sun Re Cheese Corporation (Sun Re) defaulted in payments to milk producers. On November 24, 1982, the Board notified...

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