Hbg. Dairies, Inc., v. Milk Control Com

Full title: Harrisburg Dairies, Inc., v. Milk Control Commission et al., Appellants

Court: Supreme Court of Pennsylvania

Date published: Oct 28, 1940

16 A.2d 12 (Pa. 1940)

16 A.2d 12

Opinion

October 1, 1940.

October 28, 1940.

Green v. Milk Control Commission, 340 Pa. 1, held controlling.

Argued October 1, 1940.

Appeal, No. 7, May T., 1941, from decree of C. P. Dauphin Co., No. 479 1/2, Com. Docket 1940, Equity Docket No. 1524, in case of Harrisburg Dairies, Inc., v. Milk Control Commission of Commonwealth et al. Decree affirmed.

Frank E. Coho, Deputy Attorney General, with him Claude T. Reno, Attorney General, for appellants.

Willis F. Daniels, with him Harold W. Swope and Elmer E. Harter, Jr., for appellee.

Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN and PATTERSON, JJ.

OPINION BY MR. CHIEF JUSTICE SCHAFFER, October 28, 1940.

For the reasons stated in Green v. Milk Control Commission, 340 Pa. 1, 16 A.2d 9, the decree is affirmed at appellant's cost.

Mr. Justice STERN and Mr. Justice PATTERSON dissent for the reasons set forth in the dissenting opinion filed in the case of Green v. Milk Control Commission, 340 Pa. 1, 16 A.2d 9.