Smith v. Baxter

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order and judgment of the district court of Lewis and Clark County dismissing with prejudice a petition for a writ of certiorari and affirming and approving an order of the Montana Milk Control Board.

The plaintiffs-appellants were dairy farmers and will be referred to as the producers. The defendants-respondents are the Montana Milk Control Board and its members and will be referred to as the Board. The third party that is indirectly concerned with this appeal is the Vita Rich Dairy, Inc., and it…