Pennsylvania Ass'n of Milk Dealers v. Pennsylvania Milk Marketing Board

DOYLE, Judge.

Before the Court in an equity action in our original jurisdiction are cross-motions for summary judgment filed by the petitioner, Pennsylvania Association of Milk Dealers, and Giant Eagle, Inc., the intervenor and real party in interest.

The parties have stipulated to the following relevant facts:

1. Petitioner', Pennsylvania Association of Milk Dealers (PAMD), represents the interests of Pennsylvania milk dealers and is a corporation duly organized under the laws of the Commonwealth of Pennsylvania. ...

2. Respondent, the Pennsylvania Milk Marketing Board (the Board), is an agency…