McDill v. McDonald Cooperative Dairy Co.

The plaintiffs in this action are haulers who transport raw milk from producers’ farms to dairies for processing and distribution. The defendant is a cooperative dairy. Each producer who sells milk to the defendant enters a "marketing agreement” and acquires one share of the defendant’s stock at a nominal price. The defendant corporation is operated by elected directors and officers and a professional staff.

The haulers own their trucks and are independent contractors vis-á-vis the defendant. They collect and haul milk over fixed routes on a regular schedule and regard their routes as valuable…