Lily Penn Food Stores, Inc. v. Commonwealth

Opinion by

Judge Craig,

Lily Penn Food Stores, Inc., Donna Thomas, and Joan Amone, individually and on behalf of all Area 1 milk consumers (collectively referred to as “Lily Penn” in this opinion), appeal from Pennsylvania Milk Marketing Board (board) General Order No. A-*268847, which, for Zone 1 (one of the two zones in Area 1), continues in effect minimum resale .prices for 2% lowfat, 1% lowfat, and .skim milk respectively at eight cents, twelve cents, and 24 cents per gallon less than the minimum resale price for whole milk.

We have been asked to decide if the board abused its 'discretion by…