Legal Opinion

Penn Dairies, Inc. v. Milk Control Commission

Superior Court of Pennsylvania

Decided November 10, 1941No. Appeals, 311 and 312PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Kbnworthby, J.,

The questions are: (1) Whether the Milk’ Control Law 1 authorizes the Milk Control Commission to fix minimum prices for the sale of milk to the United States ; (2) whether there was, on February 15,1941, any order of the Commission which, when properly construed, applied to such sales; and (3) if these questions are answered in the affirmative, whether the law, and the order issued pursuant to it, cast an unconstitutional burden upon the government.

The fácts are virtually undisputed. On February 1, 1941, the government purchasing officer, at Indiantown Gap, sent to…

2Cases cited16 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  3. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  4. Alabama v. King & BoozerSupreme Court of the United States · 1941
  5. Panhandle Oil Co. v. Mississippi Ex Rel. KnoxSupreme Court of the United States · 1928

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3Cited by7 opinions

  1. Penn Dairies, Inc. v. Milk Control Comm'n of Pa.Supreme Court of the United States · 1943
  2. United States v. WarneDistrict Court, N.D. California · 1960
  3. Penn Dairies, Inc. v. Milk Control Commission of CommonwealthSupreme Court of Pennsylvania · 1942
  4. United States v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1957
  5. United States v. Georgia Public Service CommissionDistrict Court, N.D. Georgia · 1961

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