Legal Opinion
Dairymen, Inc. And Farmbest Foods, Inc., William J. Baxley, Etc., Intervening v. Alabama Dairy Commission
Court of Appeals for the Fifth Circuit
Decided November 20, 1978No. 78-1087PublishedCited by 5 opinions
1Opinion of the Court
VANCE, Circuit Judge.
This is a suit for declaratory judgment brought under 28 U.S.C. § 2201. Plaintiffs seek a declaration that the Alabama milk quota regulations promulgated by the Alabama Dairy Commission (ADC) violate the commerce clause of the United States Constitution. Injunctive relief is also sought.
On August 81, 1977 Farmbest Foods, Inc. (Farmbest), a licensed Alabama milk processor, entered into a milk supply contract with Dairymen, Inc. (Dairymen), of Louisville, Kentucky, an agricultural producer cooperative that operates in the southeastern states. Under the terms of this…
2Cases cited13 opinions
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
- H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
- Dean Milk Co. v. City of MadisonSupreme Court of the United States · 1951
- Polar Ice Cream & Creamery Co. v. AndrewsSupreme Court of the United States · 1964
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
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3Cited by5 opinions
- State Ex Rel. Galanos v. Mapco PetroleumSupreme Court of Alabama · 1987
- Mount Royal Towers, Inc. v. Alabama Bd. of HealthSupreme Court of Alabama · 1980
- Delview Meadow, Etc. v. Ala. Dairy Com'nSupreme Court of Alabama · 1979
- Dairymen, Inc. v. Alabama Dairy CommissionCourt of Appeals for the Fifth Circuit · 1979
- State Ex Rel. Galanos v. Mapco PetroleumSupreme Court of Alabama · 1987