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  5. 877 F.Supp. 245 (1995)
 

SCHOOL DIST. OF PHILA. v. PA. MILK MARKETING BD.

Civ. A. No. 94-5656.

877 F.Supp. 245 (1995)

SCHOOL DISTRICT OF PHILADELPHIA, Hubert Chester, Holliday Hammond and Cumberland Farms, Inc. (intervenor), v. PENNSYLVANIA MILK MARKETING BOARD, Leon H. Wilkinson, J. Robert Derry, Donald E. Lanius and O. Frank Degarcia.

United States District Court, E.D. Pennsylvania.

February 14, 1995.

Attorney(s) appearing for the Case

Sheldon A. Weiss, Millburn, NJ, Jackie B. Sparkman, Office of Gen. Counsel, Philadelphia, PA, for plaintiffs.

Ernest D. Preate, Jr., Atty. Gen., Gwendolyn T. Mosley, Sr. Deputy Atty. Gen., John G. Knorr, III, Chf. Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, PA, for defendants.

MEMORANDUM

JOYNER, District Judge.

Defendants have moved this Court to dismiss the instant action for a number of reasons that include improper venue, lack of standing, Eleventh Amendment immunity, and failure to state a claim upon which relief can be granted. This case arises out of the Pennsylvania Milk Marketing Board (PMMB) Order A-863, which establishes minimum milk prices in PMMB Area # 1. Area # 1 consists of Southeastern Pennsylvania, including Philadelphia...

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