Hogue v. Kroger Co.

The Commissioner of Agriculture of the State of Tennessee sought an injunction against Hogue and Knott, a retail grocery store in Memphis, Tennessee, for selling milk at less than cost with the intent to unlawfully divert trade from their competitors in violation of Chapter 203, Public Acts of 1961, which is codified under sec. 52-331 to 52-334, inclusive, T.C.A. This Act is generally referred to as the Milk Act. The injunction was denied by the Chancellor and the Commissioner has appealed. Thus it is that our only question under the present record is whether or not the Chancellor erred in…