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COMMONWEALTH PENNSYLVANIA v. KREIDER DAIRY FARMS (02/26/80)

decided: February 26, 1980.

COMMONWEALTH OF PENNSYLVANIA, MILK MARKETING BOARD, PLAINTIFF
v.
KREIDER DAIRY FARMS, INC. AND NOAH W. KREIDER AND SONS, DEFENDANTS



Original jurisdiction in case of Commonwealth of Pennsylvania, Milk Marketing Board, Plaintiff v. Kreider Dairy Farms, Inc. and Noah W. Kreider and Sons, Defendants.

COUNSEL

Daniel T. Flaherty, Jr., Chief Counsel, for plaintiff.

T. Roberts Appel, II, with him John Paul Kershner, for defendants.

Judge Craig.

Author: Craig

[ 50 Pa. Commw. Page 561]

The Milk Marketing Board of the Commonwealth of Pennsylvania (board) has addressed our original jurisdiction with a complaint seeking to enjoin defendants from selling milk at retail from defendants' "second store" on Route 72, Manheim, Pa. at prices below the minimum prices established by the board for Milk Marketing Area No. 4.

The parties adduced testimony and exhibits at a hearing on the board's petition for preliminary injunction, and the chancellor, by order dated January 7, 1980, issued the preliminary injunction as requested.

Thereafter, all the parties, not desiring any further evidentiary hearing in this case, filed a stipulation of record, agreeing that all of the evidence presented at the preliminary hearing before the chancellor should constitute the entire record of the case

[ 50 Pa. Commw. Page 562]

    for the purpose of final decision in this court and also for the purpose of any appeal. Although the stipulation refers to the entry of a final order in this court as the next step, we note that the stipulation expressly preserves the right of appeal and does not include any waiver with respect to exceptions. Therefore, the entry of an adjudication and decree nisi is indicated, so that either party may file exceptions thereto if desired.

Findings of Fact

1. Defendant Noah W. Kreider and Sons, a partnership, owns farmland, livestock and agricultural equipment in Penn Township, Lancaster County, Pennsylvania, and rents the same to defendant Kreider Dairy Farms, Inc., a corporation, which, as operating entity, uses the leased facilities to grow feed crops, manage a dairy herd and to produce and sell dairy products.

2. The farm consists of several non-contiguous tracts, two of which are particularly involved in this case.

3. There is a large tract of approximately 800 acres on which is located the dairy herd, barn, a dairy plant to process milk from the herd and a retail dairy store, as well as poultry and crops for feed purposes.

4. Milk processed at the dairy on the large tract is customarily moved to that plant from the barn elsewhere on the same tract by means of a route partly following public roads rather than one entirely within the boundaries of the tract.

5. There is also a smaller tract of approximately 80 acres, approximately 3.6 miles distant from the larger tract by public road, on which there is located a double house (in which an employee resides), a barn, and ...


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