Legal Opinion

Cloverland—Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board

District Court, M.D. Pennsylvania

Decided February 2, 2001No. CIV 1:CV-99-0487PublishedCited by 5 opinions

1Opinion of the Court

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 that certain provisions of Pennsylvania’s Milk Marketing Law, 31 Pa. Stat. Ann. §§ 700j-101, et seq. (“PMML”), and certain provisions of Official General Orders A-890A and A-900, (i) violate the Commerce Clause of the United States Constitution, and (ii)…

2Cases cited42 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Ex Parte YoungSupreme Court of the United States · 1908

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3Cited by5 opinions

  1. Synagro-WWT, Inc. v. Rush Tp., Penn.District Court, M.D. Pennsylvania · 2002
  2. Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Bd.Court of Appeals for the Third Circuit · 2002
  3. Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing BoardCourt of Appeals for the Third Circuit · 2006
  4. Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing BoardCourt of Appeals for the Third Circuit · 2006
  5. Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board Beverly R. Minor, Individually and as Members of the Board Luke F. Brubaker J. Robert Derry, Individually and as Members of the Board, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs, Cloverland-Green Spring Dairies, Inc., (Amended Per Clerk's Order Filed 10/3/01) Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board Beverly R. Minor, Individually and as Chairperson of the Board Luke F. Brubaker J. Robert Derry, Individually and as Members of the Board, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, Individually, and on Behalf of Milk Consumers in Pmmb Areas 1 and 4, (Amended Per Clerk's Order Filed 10/3/01)Court of Appeals for the Third Circuit · 2002

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