Emby Foods, Inc. v. Paul

Order No. 68 of the defendant Director of the Department of Agriculture (hereafter referred to as the director) setting minimum prices for fluid milk in the Alameda-Contra Costa Marketing Area, contains a provision directing that the minimum retail prices for milk sold at a distributor’s processing plant shall be 4 cents per gallon lower than the minimum retail store carry-out price and also set minimum retail prices for low-fat milk with a similar differential. Plaintiffs, who operate retail grocery stores in the marketing area, appeal from a judgment upholding the order.

While Order No. 68…