{
  "id": 8570699,
  "name": "ARCADIA DAIRY FARMS, INC., a North Carolina Corporation v. NORTH CAROLINA MILK COMMISSION, WILLIAM YOUNTS, JR., HERBERT C. HAWTHORNE, MRS. B. C. LANGSTON, SR., FRANKLIN POISSON, B. F. NESBITT, MRS. LILLIAN WOO, and MARTIN PANNELL",
  "name_abbreviation": "Arcadia Dairy Farms, Inc. v. North Carolina Milk Commission",
  "decision_date": "1976-04-06",
  "docket_number": "No. 18",
  "first_page": "472",
  "last_page": "473",
  "citations": [
    {
      "type": "official",
      "cite": "289 N.C. 472"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 186,
    "char_count": 2283,
    "ocr_confidence": 0.647,
    "sha256": "94798ae9fe1d127210389d28bfe94ccd4c202ec4174528e12cb78dcf118c376b",
    "simhash": "1:1dabb395594e849a",
    "word_count": 375
  },
  "last_updated": "2023-07-14T21:21:01.191113+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ARCADIA DAIRY FARMS, INC., a North Carolina Corporation v. NORTH CAROLINA MILK COMMISSION, WILLIAM YOUNTS, JR., HERBERT C. HAWTHORNE, MRS. B. C. LANGSTON, SR., FRANKLIN POISSON, B. F. NESBITT, MRS. LILLIAN WOO, and MARTIN PANNELL"
    ],
    "opinions": [
      {
        "text": "LAKE, Justice.\nThe trial court concluded: \u201cThe 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.\u201d 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.\nReversed and remanded.",
        "type": "majority",
        "author": "LAKE, Justice."
      }
    ],
    "attorneys": [
      "Robert B. Long, Jr., for appellant.",
      "Harris, Poe, Cheshire \u00e9c Leager by W. C. Harris, Jr., for appellee."
    ],
    "corrections": "",
    "head_matter": "ARCADIA DAIRY FARMS, INC., a North Carolina Corporation v. NORTH CAROLINA MILK COMMISSION, WILLIAM YOUNTS, JR., HERBERT C. HAWTHORNE, MRS. B. C. LANGSTON, SR., FRANKLIN POISSON, B. F. NESBITT, MRS. LILLIAN WOO, and MARTIN PANNELL\nNo. 18\n(Filed 6 April 1976)\nAppeal by plaintiff from McKinnon, Jat the 16 June 1975 Session of Wake, heard prior to determination by the Court of Appeals.\nThis is a companion to Case No. 17, In Re Appeal of and Petition for Judicial Review by Arcadia Dairy Farms, Inc., of Amendment No. 27 to Milk Marketing Order #2. The two cases were argued together on appeal and present essentially the same questions.\nIn the present case, Arcadia sued in the Superior Court of Wake County for a declaratory judgment that Milk Marketing Order #2, as amended by Amendment No. 27, be declared illegal, unconstitutional and void insofar as it purports to require payments by the plaintiff to an equalization fund established by the order of the Milk Commission. In Case No. 17, Arcadia sought similar judicial review of the action of the Commission pursuant to G.S. 106-266.15 (b). The plaintiff, in the present suit, also sought a permanent injunction against the defendants to restrain the enforcement of the provisions of the Commission\u2019s order with reference to the requirement of such payments into the equalization fund.\nAfter hearing, the trial judge made findings of fact and conclusions of law, including the conclusion that the plaintiff is not entitled to the declaratory judgment for which it prays.\nRobert B. Long, Jr., for appellant.\nHarris, Poe, Cheshire \u00e9c Leager by W. C. Harris, Jr., for appellee."
  },
  "file_name": "0472-01",
  "first_page_order": 492,
  "last_page_order": 493
}