{ "id": 8524225, "name": "COBLE DAIRY PRODUCTS COOPERATIVE, INC. v. STATE OF NORTH CAROLINA, ex rel. NORTH CAROLINA MILK COMMISSION, HERBERT C. HAWTHORNE, DR. VILA M. ROSENFIELD, DR. ISABELLA W. CANNON, RUSSELL E. DAVENPORT, OREN J. HEFFNER, INEZ M. MYLES, B. F. NESBITT, NORMA T. PRICE, DAVID A. SMITH, WILLIAM E. YOUNTS, JR., Members of the North Carolina Milk Commission, and GRADY COOPER, JR., Executive Secretary of the North Carolina Milk Commission", "name_abbreviation": "Coble Dairy Products Cooperative, Inc. v. State ex rel. North Carolina Milk Commission", "decision_date": "1982-07-06", "docket_number": "No. 8110SC1125", "first_page": "213", "last_page": "215", "citations": [ { "type": "official", "cite": "58 N.C. App. 213" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "214 S.E. 2d 49", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "pin_cites": [ { "page": "52" } ], "opinion_index": 0 }, { "cite": "287 N.C. 232", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561407 ], "year": 1975, "pin_cites": [ { "page": "236" } ], "opinion_index": 0, "case_paths": [ "/nc/287/0232-01" ] }, { "cite": "267 S.E. 2d 714", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "pin_cites": [ { "page": "716" } ], "opinion_index": 0 }, { "cite": "47 N.C. App. 628", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8551277 ], "year": 1980, "pin_cites": [ { "page": "632" } ], "opinion_index": 0, "case_paths": [ "/nc-app/47/0628-01" ] } ], "analysis": { "cardinality": 337, "char_count": 4803, "ocr_confidence": 0.761, "pagerank": { "raw": 6.492953784723809e-08, "percentile": 0.39949973917398274 }, "sha256": "f9281e30505974312c53606b2e233501a5fa05bed594d648fc91304a144a8a2d", "simhash": "1:44ede52342671b35", "word_count": 753 }, "last_updated": "2023-07-14T18:20:52.636886+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Hedrick and Wells concur." ], "parties": [ "COBLE DAIRY PRODUCTS COOPERATIVE, INC. v. STATE OF NORTH CAROLINA, ex rel. NORTH CAROLINA MILK COMMISSION, HERBERT C. HAWTHORNE, DR. VILA M. ROSENFIELD, DR. ISABELLA W. CANNON, RUSSELL E. DAVENPORT, OREN J. HEFFNER, INEZ M. MYLES, B. F. NESBITT, NORMA T. PRICE, DAVID A. SMITH, WILLIAM E. YOUNTS, JR., Members of the North Carolina Milk Commission, and GRADY COOPER, JR., Executive Secretary of the North Carolina Milk Commission" ], "opinions": [ { "text": "ARNOLD, Judge.\nPlaintiff contends that the evidence before the court entitled it to a preliminary injunction and that the order dissolving the temporary restraining order was entered in error. In support of this contention, Coble argues that it will ultimately prevail in the controversy and that the court\u2019s failure to issue injunctive relief will result in irreparable harm to Coble\u2019s business. Coble contends that the Commission\u2019s procedures for cost determination are arbitrary and inefficient and that the Commission, in recognition of this fact, is in the process of restructuring its procedures. Coble seeks a stay of the below-cost hearing until this restructuring is complete, claiming this would spare Coble irreparable loss while causing no corresponding loss to the Commission.\nCoble claims a hearing at which its prices and costs are made public will result in the loss of numerous customers and spoilage of milk, causing irreparable harm to Coble. Its only support for this claim, however, is in the form of unsupported statements in the affidavits of two Coble officers. Such unsupported allegations do not fulfill the requirement that the applicant for injunctive relief \u201cset out with particularity facts supporting [its allegations] so the court can decide for itself if irreparable injury will occur.\u201d Goodman Toyota v. City of Raleigh, 47 N.C. App. 628, 632, 267 S.E. 2d 714, 716 (1980), quoting United Telephone Co. of Carolinas, Inc. v. Universal Plastics, Inc., 287 N.C. 232, 236, 214 S.E. 2d 49, 52 (1975). Indeed, it would appear that plaintiff could not succeed in this appeal without revealing much of the very information it seeks to keep secret, since a forecast of specific evidence is required of the applicant for a preliminary injunction.\nHaving concluded that Coble failed to fulfill one of the requirements for a grant of injunctive relief, we hold that the court properly dissolved its temporary restraining order.\nWe find it unnecessary to reach the question of the likelihood that plaintiff ultimately will prevail in the underlying controversy. Nor do we find it necessary to discuss the merits of the Milk Commission\u2019s challenged procedures. With regard to the latter, however, we do question the Commission\u2019s wisdom in refusing to postpone its hearing in this case pending its planned review and possible revision of those procedures. While we have concluded that it was not legally required to do so, the Commission\u2019s intransigence would appear to serve little purpose.\nThe order of the trial court dissolving its temporary restraining order against defendant is\nAffirmed.\nJudges Hedrick and Wells concur.", "type": "majority", "author": "ARNOLD, Judge." } ], "attorneys": [ "Broughton, Wilkins & Crampton, by J. Melville Broughton, Jr., and H. Julian Philpott, Jr., and Joe H. Leonard, for plaintiff appellant.", "Harris, Cheshire, Leager & Southern, by Samuel R. Leager and W. C. Harris, Jr., for defendant appellee." ], "corrections": "", "head_matter": "COBLE DAIRY PRODUCTS COOPERATIVE, INC. v. STATE OF NORTH CAROLINA, ex rel. NORTH CAROLINA MILK COMMISSION, HERBERT C. HAWTHORNE, DR. VILA M. ROSENFIELD, DR. ISABELLA W. CANNON, RUSSELL E. DAVENPORT, OREN J. HEFFNER, INEZ M. MYLES, B. F. NESBITT, NORMA T. PRICE, DAVID A. SMITH, WILLIAM E. YOUNTS, JR., Members of the North Carolina Milk Commission, and GRADY COOPER, JR., Executive Secretary of the North Carolina Milk Commission\nNo. 8110SC1125\n(Filed 6 July 1982)\nInjunctions \u00a7 13.2\u2014 dissolving temporary injunction \u2014 iailure to show irreparable harm\nAn order temporarily restraining the N.C. Milk Commission from holding a public hearing concerning plaintiffs milk prices was properly dissolved where unsupported statements in the affidavits by two of plaintiffs officers were insufficient to establish that the court\u2019s failure to issue injunctive relief would result in irreparable harm to plaintiffs business.\nAPPEAL by plaintiff from Bailey, Judge. Order entered 22 May 1981 in Superior Court, WAKE County. Heard in the Court of Appeals 8 June 1982.\nThis action stems from an order issued by the State Milk Commission on 3 February 1981, directing Coble to appear at a public hearing concerning Coble\u2019s milk prices. The purpose of the hearing was to be to determine whether the prices charged by Coble to three of its customers violated a provision of G.S. 106-266.19 which prohibits below-cost sales designed to injure, harass or destroy competition in the dairy industry.\nPrior to the date for hearing, Coble brought this action seeking to restrain the Milk Commission from holding the public hearing. A temporary restraining order was entered enjoining the public hearing until after a show cause hearing on plaintiff\u2019s claim. Following the show cause hearing, the court entered an order dissolving the temporary restraining order. Plaintiff appealed and was granted a stay of the order pending this appeal.\nBroughton, Wilkins & Crampton, by J. Melville Broughton, Jr., and H. Julian Philpott, Jr., and Joe H. Leonard, for plaintiff appellant.\nHarris, Cheshire, Leager & Southern, by Samuel R. Leager and W. C. Harris, Jr., for defendant appellee." }, "file_name": "0213-01", "first_page_order": 245, "last_page_order": 247 }