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FINUCANE v. PENNSYLVANIA MILK

135 Pa.Commw. 606 (1990)

581 A.2d 1023

Thomas J. FINUCANE, Individually and on behalf of all Pennsylvania Milk Consumers, Petitioner, v. PENNSYLVANIA MILK MARKETING BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 26, 1990.

Attorney(s) appearing for the Case

Thomas J. Finucane, Wingerd and Long, Chambersburg, for petitioner.

Thomas M. Crowley, Chief Counsel, Harrisburg, for respondent.

Allen C. Warshaw, with him, Donald A. Tortorice, Duane, Morris & Hecksher, Harrisburg, for intervenor, Pennsylvania Ass'n of Milk Dealers.

J. Jackson Eaton, III, Gross, McGinley, LaBarre & Eaton, Allentown, for intervenor, Lehigh Valley Dairies, Inc.

Before COLINS and SMITH, JJ., and SILVESTRI, Senior Judge.

COLINS, Judge.

Thomas Finucane (petitioner), individually and on behalf of all Pennsylvania milk consumers, petitions for review of the Pennsylvania Milk Marketing Board's (Board or respondent) order A-862, which created a bracket system in Milk Marketing Areas 3, 4, 5 and 6 under which the minimum price of milk products would change $.005 per gallon every time the cost of butterfat changes upward or downward $.06 per hundred weight. The order came about in response...

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