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PITTSBURGH v. MILK MARKETING BOARD AND GREATER PITTSBURGH DAIRY INDUSTRY ASSOCIATION (12/28/71)

decided: December 28, 1971.

PITTSBURGH, ET AL.
v.
MILK MARKETING BOARD AND GREATER PITTSBURGH DAIRY INDUSTRY ASSOCIATION, ET AL., INTERVENORS



Original jurisdiction.

COUNSEL

Marion K. Finkelhor, Assistant City Solicitor, with him Ralph Lynch, Jr., City-County Solicitor, for plaintiffs.

Charles M. Guthrie, Assistant Attorney General, for defendant.

Harold W. Swope, with him Daniels & Swope, for intervenors.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Kramer.

Author: Kramer

[4 Pa. Commw. 208 Page 210]

This matter is within the original jurisdiction of this Court and involves the filing of preliminary objections to a Complaint in Mandamus.

On March 5, 1971, by an Opinion and Order of this Court at 1 Pa. Commonwealth Ct. 300, 275 A.2d 115 (1971), arising out of an appeal taken from General Order No. A-762 of the Milk Marketing Board of the Commonwealth of Pennsylvania (Board) by the City of Pittsburgh et al. (City), we remanded this matter back to the Board with specific directions. This Court directed the Board to institute immediate hearings to determine whether the "net sales" statistics used by the Board included the increased prices set by the Board, effective October 15, 1969, and whether these statistics had been adjusted for the entire test year of 1969. The Board was also directed to provide for rehearings on a number of other specific major issues.

In compliance with this Court's direction, the Board gave prior notice and held a special hearing on March 30, 1971. Based upon testimony taken at that hearing, the Board, on April 16, 1971, issued its General Order No. A-766. This General Order contained, inter alia, a finding that proper adjustments had been made to "net sales" figures and thereafter the Board went on to reaffirm (or re-establish) the milk prices as set in the prior General Order No. A-762. The prices as set forth in General Order No. A-762 and as affirmed by the Board in General Order No. A-766, were to remain in effect while the Board was holding hearings on those other matters as required by the aforementioned opinion of this Court. No appeal was taken from the Board's General Order No. A-766.

General Order No. A-766 became effective April 26, 1971, and on that same date the present plaintiffs (City of Pittsburgh et al.) filed a Complaint in Mandamus praying for a revocation of General Orders Nos. A-762

[4 Pa. Commw. 208 Page 211]

    and A-766; the reduction of the price of milk by two cents per quart; the setting of a date for rehearings on the other matters as previously ordered by this Court; and to do all other things necessary to effectuate full compliance with the Opinion and Order of this Court dated March 5, 1971.

The Milk Marketing Board was made the defendant in this new case, and the dairy dealers were permitted to intervene. On May 13, 1971, the Board filed preliminary objections, and ...


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