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CLOVERLAND-GREEN SPRING DAIRIES v. PENN. MILK MARKETING BOARD

No. CIV 1:CV-99-0487.

138 F.Supp.2d 593 (2001)

CLOVERLAND—GREEN SPRING DAIRIES, INC., Plaintiff and Thomas E. McGlinchey, et al., Plaintiffs/Intervenors v. PENNSYLVANIA MILK MARKETING BOARD, Beverly R. Minor, Individually and as Chairperson of the Board, Luke F. Brubaker and J. Robert Derry, Individually and as Members of the Board, Defendants

United States District Court, M.D. Pennsylvania.

February 2, 2001.

Attorney(s) appearing for the Case

Scott Thomas Wyland, Kevin J. McKeon, Malatesta, Hawke & McKeon, Harrisburg, PA, Sheldon A. Weiss, Mountainside, NJ, for plaintiff.

Gwendolyn T. Mosley, Office of Atty. Gen., Harrisburg, PA, for defendants.

Allen C. Warshaw, Duane, Morris & Heckscher, Harrisburg, PA, for Pennsylvania, Ass'n of Milk Dealers.

Thomas J. Finucane, Finucane Law Office LLP, Chambersburg, PA, for intervenor-plaintiffs.

MEMORANDUM

RAMBO, District Judge.

Before the court are three separate motions for summary judgment submitted by Plaintiff, Intervenor Plaintiffs, and Defendants.1 The parties have briefed the issues, the court has conducted oral argument, and the motions are ripe for disposition.

I. Background

The instant action seeks a declaratory judgment...

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