Legal Opinion

Smith Milk Co. v. Pearce

Louisiana Court of Appeal

Decided April 10, 1961No. 5335PublishedCited by 1 opinion

1Opinion of the Court

HERGET, Judge.

The sole issue presented by this appeal is a determination of whether the Trial Court erred in holding the Commissioner of Agriculture and Immigration exceeded his authority in regulating the price of milk sold by processors who have been in business less than twelve months.

The facts on which the rule are predicated are: (1) On March 1, 1960 Smith Milk Company, Incorporated, Plaintiff herein, began the operation of processing and selling milk wholesale to stores in the New Orleans area. (2) On April 28, 1960 David R. Daniel, Chief, Division of Milk Testing, Louisiana Department…

2Cases cited11 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  3. Morrill v. JonesSupreme Court of the United States · 1883
  4. Waite v. MacYSupreme Court of the United States · 1918
  5. United States v. GeorgeSupreme Court of the United States · 1913

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3Cited by1 opinion

  1. Opinion Number, Louisiana Attorney General Reports2002

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