Arcadia Dairy Farms, Inc. v. North Carolina Milk Commission

Supreme Court of North Carolina

Arcadia Dairy Farms, Inc. v. North Carolina Milk Commission

223 S.E.2d 333, 289 N.C. 472, 1976 N.C. LEXIS 1323

CourtSupreme Court of North Carolina

DecidedApril 6, 1976

DocketNo. 18

StatusPublished

This text of 223 S.E.2d 333 (Arcadia Dairy Farms, Inc. v. North Carolina Milk Commission) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arcadia Dairy Farms, Inc. v. North Carolina Milk Commission, 223 S.E.2d 333, 289 N.C. 472, 1976 N.C. LEXIS 1323 (N.C. 1976).

Pincite

Opinion

LAKE, Justice.

The trial court concluded: “The Commission does have the statutory power to adopt the regulation known as Amendment No. 27 to Milk Marketing Order No. 2 requiring certain equalization payments under the circumstances prescribed in the order by licensed distributors of the Commission.” For the reasons set forth in our opinion in Case No. 17, decided this day, the foregoing conclusion of the trial court is erroneous. The judgment of the Superior Court is, therefore, reversed and this matter is remanded to that court for the entry of a judgment granting to the plaintiff the relief prayed for in its complaint.

Reversed and remanded.

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LAKE, Justice.

The trial court concluded: “The Commission does have the statutory power to adopt the regulation known as Amendment No. 27 to Milk Marketing Order No. 2 requiring certain equalization payments under the circumstances prescribed in the order by licensed distributors of the Commission.” For the reasons set forth in our opinion in Case No. 17, decided this day, the foregoing conclusion of the trial court is erroneous. The judgment of the Superior Court is, therefore, reversed and this matter is remanded to that court for the entry of a judgment granting to the plaintiff the relief prayed for in its complaint.

Reversed and remanded.

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Bluebook (online)

223 S.E.2d 333, 289 N.C. 472, 1976 N.C. LEXIS 1323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arcadia-dairy-farms-inc-v-north-carolina-milk-commission-nc-1976.