Knudsen Corporation v. Nevada State Dairy Commission

676 F.2d 374 1982-2 Trade Cases 64,753 KNUDSEN CORPORATION, a California corporation, Plaintiff-Appellee, v. NEVADA STATE DAIRY COMMISSION, a Commission authorized by the Nevada Revised Statutes, Gregory Nixon, James C. Andrus, and Dr. Chauncey Ching, Commissioners thereof, Defendants-Appellants. No. 80-4163. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1981. Decided May 3, 1982. Richard W. Young, Reno, Nev., for defendants-appellants. Harold J. Kwalwasser, Tuttle & Taylor, Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the District of Nevada. Before KENNEDY, HUG, and NELSON, Circuit Judges. KENNEDY, Circuit Judge: 1 Knudsen Corporation, a manufacturer and distributor of a full line of dairy products, challenged a Nevada regulatory scheme on antitrust grounds, alleging that a state mandated price filing system promoted horizontal price fixing and restrained competition in the dairy market. The district court granted Knudsen's motion for a preliminary injunction and ordered the Nevada State Dairy Commission to suspend enforcement of certain provisions of the challenged statutes and regulatory scheme.…