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CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD

A. Motion to stay enforcement/implementation of Milk Control Board Rule, denied.

B. Appellee's motion to dismiss for lack of jurisdiction is granted;

1. The proceeding below was rule making in nature and not a contested case under 3 V.S.A. Chapter 25. Accordingly, this Court is without jurisdiction.

2. Appellant failed to apply to the Milk Control Board for a rehearing, 6 V.S.A. § 2931(b), and this Court is without jurisdiction.

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CHAMPLAIN VALLEY MILK PROD., v. VERMONT MILK CONTROL BD
(Apr 2, 1982)