Legal Opinion
Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board
Court of Appeals for the Third Circuit
Decided September 1, 2006No. 05-2336PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
This case, on appeal for the second time to our Court, concerns whether Pennsylvania’s minimum wholesale prices for fluid milk violate the dormant Commerce Clause of our Constitution. In our first opinion, we held that the District Court improperly granted summary judgment to the Pennsylvania Milk Marketing Board (“Board”), 1 and remanded to the District Court for a trial. See Cloverland-Green Spring Dairies, Inc. v. Pa. Milk Mktg. Bd., 298 F.3d 201 (3d Cir.2002) (hereafter “Cloverland I ”). The District Court then conducted a six-day bench trial and…
2Cases cited25 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Maine v. TaylorSupreme Court of the United States · 1986
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3Cited by2 opinions
- National Ass'n for the Advancement of Multijurisdictional Practice v. CastilleDistrict Court, E.D. Pennsylvania · 2014
- Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing BoardCourt of Appeals for the Third Circuit · 2006