Cloverland-Green Spring Dairies, Inc v. Pennsylvania Milk Marketing Board

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-2336
CLOVERLAND-GREEN SPRING DAIRIES, INC.,
Appellant
THOMAS E. MCGLINCHEY; GERTRUDE GIORGINI;
SUE A. SPIGLER, (“Milk Consumers”) (Intervenors in D.C.)
v.
PENNSYLVANIA MILK MARKETING BOARD;
BOYD WOLFF*, in his capacity as member of the Board;
LUKE F. BRUBAKER, Individually and as member of the Board;
BARBARA GRUMBINE*, in her capacity as member of the Board;
BOYD WOLFF, Individually; BARBARA GRUMBINE, Individually
PENNSYLVANIA ASSOCIATION OF MILK DEALERS (Intervenors in D.C.)
(*Amended - See Clerk’s Order dated 6/29/05)
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil Action No. 99-cv-00487)
District Judge: Honorable Yvette Kane
Argued June 8, 2006
Before: AMBRO, FUENTES and NYGAARD, Circuit Judges
(Opinion filed September 1, 2006)

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2
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
September 1, 2006, be amended as follows:
On page 41, note 17, penultimate line, insert the words “does not” before
the word “resolve” and after “price)”, so that the sentence ends “primarily concerned
with price) does not resolve the constitutional problem.”.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: September 18, 2006

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