Legal Opinion
Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Bd.
Court of Appeals for the Third Circuit
Decided July 24, 2002No. 01-2210, 01-2219PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
The primary issue in this case is whether the dormant Commerce Clause allows a state to impose wholesale price floors that shield in-state businesses from more efficient out-of-state competitors. Under the circumstances presented here, we hold that it does not.
Federal milk marketing orders fix minimum prices (or price floors) for milk producers’ sales in most of the United States. Pennsylvania, the fourth-largest milk-producing state in the nation, sets minimum producer prices above the federal floors. To compensate its dealers 1 and retailers for…
2Cases cited41 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Ex Parte YoungSupreme Court of the United States · 1908
- 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
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3Cited by4 opinions
- Allen v. Holiday UniversalDistrict Court, E.D. Pennsylvania · 2008
- Williams v. BlydenSupreme Court of The Virgin Islands · 2002
- Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board Beverly R. Minor, Individually and as Members of the Board Luke F. Brubaker J. Robert Derry, Individually and as Members of the Board, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs, Cloverland-Green Spring Dairies, Inc., (Amended Per Clerk's Order Filed 10/3/01) Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board Beverly R. Minor, Individually and as Chairperson of the Board Luke F. Brubaker J. Robert Derry, Individually and as Members of the Board, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, ("Milk Consumers"), Intervenors-Plaintiffs, Thomas E. McGlinchey Gertrude Giorgini Sue A. Spigler, Individually, and on Behalf of Milk Consumers in Pmmb Areas 1 and 4, (Amended Per Clerk's Order Filed 10/3/01)Court of Appeals for the Third Circuit · 2002
- Monoson v. BlydenSupreme Court of The Virgin Islands · 2002