Baltimore Bank for Cooperatives v. Farmers Cheese Cooperative and Commonwealth of Pennsylvania, Milk Marketing Board

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Baltimore Bank for Cooperatives appeals from an order of the District Court for the Western District of Pennsylvania that sustained a jury verdict in favor of Farmers Cheese Cooperative. Baltimore Bank contends that the district court erred in permitting the jury to decide whether a written transaction constituted a sale or a consignment of milk. We conclude that the district court erred and will reverse.

I

Central to this case is an agreement between two associations not parties to this litigation. Farmers Union Milk Producers…