Country Classic Dairies, Inc. v. State Of Montana

847 F.2d 593 COUNTRY CLASSIC DAIRIES, INC., a Montana Cooperative Association, formerly Gallatin Dairies, Inc., Plaintiff-Appellant, v. STATE OF MONTANA, DEPARTMENT OF COMMERCE MILK CONTROL BUREAU, Defendant- Appellee. No. 87-3997. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1988. Decided May 26, 1988. Michael D. Cok, Cok & Wheat and James H. Goetz, Goetz, Madden & Dunn, Bozeman, Mont., for plaintiff-appellant. Geoffrey L. Brazier, Staff Atty., Dept. of Commerce, Helena, Mont., for defendant-appellee. On Appeal from the United States District Court for the District of Montana. Before BEEZER, HALL and WIGGINS, Circuit Judges. BEEZER, Circuit Judge: 1 The Montana Milk Control Bureau (the Bureau) regulates the wholesale and retail prices of milk sold in Montana. Country Classic Dairies (Country Classic) buys milk in Montana and delivers it in cartons to a facility in Wyoming. There Country Classic sells the milk to Associated Grocers at a negotiated price below Montana's regulated wholesale price. Title passes, and Country Classic transfers the milk to Associated Grocers' trucks. Associated Grocers redelivers the milk to Montana and resells it…