Schade v. Milk Control Commission

Opinion by

Rhodes, P. J.,

This is an appeal by the Pennsylvania Milk Control Commission from an order of the Court of Common Pleas of Westmoreland County setting aside an order of the Milk Control Commission, dated July 14, 1959, suspending the license of Elmer G. Schade, Jr., for a period of twelve days, based on a finding of a sale below the established minimum price. The court below held that the testimony of the commission’s investigator, Stanley H. Bialek, as to the identity of the licensee, Elmer G. Schade, Jr., was based on hearsay, was incompetent, and was not sufficient to support the…